Season 2, Episode 10 (Show 62): The Music of the Law

March 9, 2022

Our discussion of Professor Amar’s role models in the law takes us to another giant of the 20th century, Charles Black – lawyer, professor, thespian, poet, courageous advocate, and brilliant writer.  Somehow we get from there back to the nomination of Ketanji Brown Jackson as well.

Continuing our exploration of inspirational models in the law that deeply influenced Professor Amar’s career, today we learn of a predecessor of last week’s model – the newly passed Walter Dellinger – as we hear of the life of Charles Black.  A son of the deep South, Black made an enormous mark as he was a vital part of the team that won Brown vs. Board of Education, and in the aftermath, we see his genius as he defends the decision, and separately reflects on how he came to his principled positions.  We see this as he picks up pen and paper and leaves these notes for the ages.  You will now hear these writings and Akhil’s reaction to them, and ultimately they will lead us back to considering the emerging picture of Ketanji Brown Jackson, nominee to the Supreme Court, in these lights.

Season 2, Episode 9 (Show 61): Dellinger Departs, Jackson Arrives

March 2, 2022

The passing of a legal titan, Walter Dellinger, is cause for Professor Amar to reflect on his role models in the law.  Meanwhile, Dellinger’s last writings are discussed, as is the subject of that writing: President Biden’s nomination of Ketanji Brown Jackson as Associate Justice.

The great Walter Dellinger, one of Professor Amar’s role models in the law and one of the great lawyers of the past century, moves Professor Amar to present and review his role models and why they matter to all of us.  Dellinger’s career was so enormous in its scope, so impactful in its action, that it forms a scaffolding for considering topics as varied as the most important SCOTUS footnote ever written; other momentous careers such as Earl Warren, Charles Black, and Telford Taylor; the lighter side of working for President Clinton; the last public statements of Benjamin Franklin and now Dellinger himself – and much more.  Fittingly, Dellinger’s last writing has impact beyond his demise, as he provided background and perspective for the momentous nomination by President Biden of Judge Ketanji Brown Jackson to Associate Justice of the Supreme Court – and so we consider that.

Season 2, Episode 8 (Show 60): Your Turn; Our Take

February 23, 2022

This week the audience takes the helm as the best of your questions, posted on the akhilamar.com website or emailed to us, are answered.  They span the gamut, from Judicial ethics to Younger abstention.  We learned a lot from you, and now we try to return the favor.

We deliver a long-promised episode, as the audience guides the discussion this week with their penetrating questions.  Was Akhil too easy on Mitch McConnell?  How about bringing on expert X or Y?  Should SB8 prompt a new exception to Younger abstention?  Oh, and by the way – what is “Younger abstention?” Can judges be ousted without impeachment?  As you see, we have a very educated audience.  Indeed, once you have completed the podcast, you will find yourselves that much more informed, as these sometimes complex concepts are explained in Akhil’s usual approachable if inimitable way.

Season 2, Episode 7 (Show 59): Now Now Now – Special Guest Jesse Wegman

February 16, 2022

Jesse Wegman returns for a lively discussion of what the ERA might mean for today’s constitutional and political order – depending on whether, and how, it is ratified.  Is ratification a “political question,” as the Court said it was in the 1930’s?  And what is the big news that is coming from Professor Amar?

We continue our discussion of the Equal Rights Amendment.  Is it the proposed ERA, the adopted ERA, or the dead ERA?  Some say we already have an ERA in the 14th and 19th Amendments; Akhil and Jesse explore what some women, such as Elizabeth Lady Stanton, had to say about the 14th Amendment and equal rights back in the day.  The SCOTUS was asked to weigh in on amendment adoption dates back in the 1930’s – they punted.  Would that happen again, should this reach them?  And – would it be better to have an ERA “Now Now Now,” as many insist, or is there a better way? Finally, Professor Amar is about to do something he hasn’t done in 22 years.  What is so important that it prompted this?

Season 2, Episode 6 (Show 58): A New ERA – Special Guest Jesse Wegman

February 9, 2022

The House says that the 28th Amendment – the Equal Rights Amendment – is on the books.  Is it?  Jesse Wegman penned a NY Times editorial on it, and now he discusses it with Akhil and Andy.

The Archivist of the United States is in the news, and if that’s happening, you know some esoteric constitutional question is up.  Fortunately, “Amarica’s Constitution,” is on the case.  We have New York Times Editorial Board member, Jesse Wegman, who wrote for the Times on this subject recently, raising all sorts of issues – which Akhil is happy to answer for Jesse and for all of us.  Meanwhile, this is all about the Equal Rights Amendment, and Amendments in general, and Article V of the Constitution, and what about ERA anyway – what would it do?  All this and more – with feeling.  There’s a lot here, so this is part one of two.

Season 2, Episode 5 (Show 57): Gary and Gorby – Special Guest Gary Hart

February 2, 2022

Part 2 of our conversation with former Senator and Presidential candidate Gary Hart takes us from Ukraine to McGovern to Justice Breyer, as this American for all seasons shares insights from a life of varied and distinguished public service.

We continue our mining of Gary Hart’s wisdom, as the former Senator, and Presidential candidate weighs in on the sort of questions a public and political intellectual confronts over a lifetime.  How can we think about Ukraine and Russia in light of our past?  Would tensions between the US and Russia today be particularly different if Gary Hart had won the presidency in 1988, given the story he tells about his prospective inauguration?  The richness of a conversation with Gary Hart is such that even a passing reference produces a new insight on how the Cold War might have taken a different path.  We hear inside references on what it’s like to run for President from a principal player in no fewer than 3 presidential races:  1974, 1984, and 1988. Inevitably, inside stories never before heard emerge, and they are here for you to savor.