Episode 48: The Future of the Past

December 1, 2021

It’s oral argument time in the abortion case at hand, Dobbs v. Jackson Women’s Health Organization.  Professor Amar pinpoints and dissects the legal terrain upon which the battle will be fought – and it is actually not abortion at all.

Fifty years of controversial jurisprudence have followed Roe v. Wade, and now the Supreme Court will hear oral argument in a case that many see as this story’s reckoning: Dobbs v. Jackson Women’s Health Organization.  In our last episode Professor Amar identified “precedent” as the legal coordinates where the abortion road may fork.  He now lays out the conflicting theories of precedent which the informed citizen needs to command when following this case. i Listeners to this episode will be armed with the tools to decipher today’s oral argument and tomorrow’s decision/opinion; indeed, in the briefs attached to this week’s “Show Notes,” both sides make arguments that will sound familiar to listeners to this podcast.  One can only hope that the Justices are as informed as Amarica’s Constitution’s audience.

Episode 47: About Abortion – A Precedent Primer

November 24, 2021

With SCOTUS oral argument set for December in the Mississippi abortion law case, Akhil preps us for the case; first, with a master class on precedent.

Abortion, and Roe v. Wade, is in the news again as the Supreme Court prepares to review challenges to the Mississippi law which, if upheld, would amount to an overrule of Roe.  Professor Amar tells us that the argument, in addition to discussions of abortion itself, will center on the role of precedent.  To prepare us for an examination of the particulars of this case, he conducts a master class on precedent.  Akhil has written extensively and authoritatively on this over the years; our audience will thus be among the most informed and comprehending spectators when oral argument takes place in December.  We will follow this next week, as we did in the recent gun case, by applying the principles just covered to the actual case.

Erratum: During the discussion of the common law, Professor Amar makes reference to Arson, noting that part of its definition curiously specifies that it take place at night.  In fact, the British Common Law as described in Blackstone’s Commentaries, Book 4, Chapter 16, discusses both Arson and Burglary (both offenses against the “Habitations of Individuals”); it is Burglary, not Arson, which specifies that it must take place at night to meet the definition.  Professor Amar wishes to correct the record; the chapter of Blackstone in question is provided below in the Show Notes.

Episode 46: To Heller and Back

November 17, 2021

Professor Amar takes you through the 2nd and 14th amendments and using that, provides an analysis of the Supreme Court’s current gun case, Bruen.

Now that our audience are masters of rights analysis after last week’s overview and framework presentation, we turn to the current SCOTUS gun rights case, New York State Rifle and Pistol Association v. Bruen. Consistent with Professor Amar’s approach, we begin with the text of the 2nd and 14th Amendments, along with a fascinating historical analysis.  When that is complete, the questions the Justices asked during oral argument take on a whole new meaning, both in seeing clearly the points they were emphasizing, and perhaps in some cases, those they were missing.  

Episode 45: Putting a Head to Our Gun

November 10, 2021

The Supreme Court heard oral argument on a New York gun case this week, and we aim to analyze it.  We begin with a master class on the analytical framework this case, and all “rights” cases, require.

Gun rights are in the news again as the Supreme Court hears New York State Rifle & Pistol Association v. Bruen.  Professor Amar discusses his landmark work on the Bill of Rights, and invites you to join him in an analysis of the issues in this and other “rights” cases.  These cases require an appropriate methodology, and we are treated to a master class in the tools we need to perform this analysis.  As we jump into the case, we will be armed with the framework we need for 2nd amendment, 14th amendment, and indeed most of the landmark cases that have come before the court over the past half-century, and will be before us, and the Court, now and in the near future.

Episode 44: The Opening Episode

November 3, 2021

We do openings this week – the openings of books, that is; Akhil’s own as well as those which have served as model and inspiration.

Our series on books and authoring takes a look back at – what else?  – the opening of a book.  What comes first can make all the difference, but what makes for a great opening?  And there are things before the opening – the forward, the preface, the dedication, the title, the cover.  It’s all grist for our mill, with classic openings as well as deep dives into Akhil’s own books’ kickoffs.

Episode 43: 72 Term Papers

October 27, 2021

Our series on books continues with Akhil’s later books, and how he tells a long series of stories – and we explore one in particular:  Justice Joseph Story.

What began as an exploration of sources of authority – citations, rankings, reviews, sales – now continues with our inside look at book writing and publishing.  For those who have considered eventually writing a book themselves – and who among us hasn’t? – we take a deeply honest and nuanced look at all aspects of the process, including many most of us take for granted.  Professor Amar’s personal approach to book writing is discussed, and one short example of it tells the story of Story himself – Joseph Story, that is, and his ongoing role in Akhil’s ambitions.