Season 5, Episode 47 (Show 256): Humphrey’s Execution
December 10, 2025
The Supreme Court held oral argument in the case of Trump v. Slaughter, to determine if an FTC governor can be dismissed by the president at will. We analyze.
CLE Credit Available for this episode from podcast.njsba.com.
Oral arguments took place in the highly-anticipated unitary executive case, Trump v. Slaughter. The overruling of the case that seems to govern, Humphrey’s Executor, has been long expected, and indeed, the Chief Justice referred to the “dry husk” that was all that remained of that case after recent years of whittling by the current and recent Court. However, faced with the extremity of possible consequences, the Court veered this way and that, indicating that while the direction seems clear, the destination may not be. Fascinating intersections with other cases and theories that Professor Amar has studied and expounded over the years abound, and in our Cosell-like tour of the argument’s twists and turns, you will learn how it fits together.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 5, Episode 46 (Show 255): Balance and Check-mate – Special Guest John Fabian Witt
December 3, 2025
Professor John Witt joins us to offer insight on the laws of war and recent actions of the President and his minion, Secretary Hegseth, and Professor Amar provides an innovative analysis.
CLE Credit Available for this episode from podcast.njsba.com.
Secretary of Defense Hegseth is making use of his sights. He is focusing at times on Senator Mark Kelly, seeking to wreak havoc upon him for his utterances which have angered Hegseth’s master. Meanwhile, purported drug smugglers have found Davy Jones’ locker at the order of Hegseth, it has been reported, including those left helpless after initial lethal strikes. Yale Professor and Bancroft Prize winner John Fabian Witt joins us to help us make sense of the international law and laws of war issues here. Meanwhile, your poor co-host, Andy, is subjected to a Socratic barrage at the hands of a Kingsfield-like Professor Amar, as the relentless logic – or is it illogic – of Hegseth’s actions run into a Constitutional wall. This is an entirely new, and entirely irresistible analysis; it’s Professor Amar at his best.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Subscribe to “Amarica’s Constitution” by clicking “Subscribe” or “Follow” after selecting your preferred podcast app below.
Season 5, Episode 45 (Show 254): The Only Only
November 26, 2025
A video from Congresspersons draws vehemence (what else) from the President. We analyze.
CLE Credit Available for this episode from podcast.njsba.com.
Events in the news once again intersect with Professor Amar’s past work, as a little-known aspect of a clause in the Constitution has surprising relevance to the President’s fire-breathing response to a video from Senators and Representatives reminding our military and other officers of their lawful obligations. We trace other constitutionally newsworthy developments, on the filibuster and on the unitary executive. And the Born Equal tour continues, with some interesting reflections on the genesis and rationale for some interesting aspects of the book.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 5, Episode 44 (Show 253): The Undigested Matzo Ball
November 19, 2025
We continue our analysis of the tariff case with clips from the oral argument; also, discussions of an under the radar bill passed by the Illinois legislature. Part two of two.
CLE Credit Available for this episode from podcast.njsba.com.
We return to the tariff case and continue to hear from the justices and the advocates in their own voices from the oral argument. This time, a 20 year old argument from Vik Amar takes center stage with apparent approval from several key justices, and several of the Court’s female justices join forces to make life difficult for the Solicitor General. We also review some of the emerging implications from the recent election, and a bill coming out of Illinois that takes its inspiration from a 40 year old argument made by Professor Amar.
Part two of a two-part episode.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 5, Episode 43 (Show 252): Incidental Trillions
November 12, 2025
We analyze the oral argument in the tariffs case with clips from the argument, and with Akhil’s commentary as he hears them. Part one of two.
CLE Credit Available for this episode from podcast.njsba.com.
The economy, trillions of dollars, and consequences unknown are on the line in the tarrifs case, Learning Resources v. Trump. We present the justices and the advocates in their own voices from the oral argument, and Akhil reacts in real time as he hears the clips for the first time. It’s a three hour argument, so this is the first of a two-parter. The Court’s recent doctrines, including major questions and non-delegation are in play, perhaps, and therefore many are watching this case closely for consistency vs politics in the Court itself. And of course there’s history and constitutional issues at stake, so we are right at home. Part one of a two-part episode.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 5, Episode 42 (Show 251): Election Correction – Special Guest Vikram D. Amar
November 5, 2025
The nation goes to the polls and we bring Vik Amar on board to help us dive into an election on elections, and much more.
CLE Credit Available for this episode from podcast.njsba.com.
It’s Election Day, and in addition to important off-year contests around the country, elections themselves are on the ballot in California. Meanwhile, the tariff case is about to come before the Supreme Court for oral argument. So it’s timely indeed that Vik Amar joins us with expertise on both topics. In fact, Vik has submitted an amicus brief in the tariff case. The “brothers in law” take us deep into the gerrymandering world, the major questions doctrine, and we also pause to reflect on the career of former Vice President Cheney who passed away this week. Insights galore await.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
