Episode 36: The Ayes and Nays Upon Texas
September 8, 2021
The Texas fetal heartbeat law, and its myriad controversies, are dissected and clarified by Professor Amar – just in time for our podcast listeners.
.
Texas has brazenly – or boldly, depending on your point of view – thrown down a gauntlet on abortion with their new law purporting to ban abortions once a fetal heartbeat can be detected. The Supreme Court refused to hear a challenge to the law prior to its effective date, so the nation holds its breath wondering where abortion rights, long treasured by many, will head. Meanwhile, the law deputizes the citizenry and takes enforcement out of the hands of state officials. What’s going on? Is this vigilantism? Is this a rogue, unconstitutional adventure? Is Roe v. Wade dead already? Professor Amar is your guide to what is really happening.
Show Notes:
Episode 35: A Friendly Judge
September 1, 2021
We continue our discussion of scholars, scholarship, and schools – and how one determines which to rely on.
.
Suppose there is a controversial issue of constitutional law. Where does one go for authoritative exposition? We continue what is essentially a discussion of expertise and authority. How do you know whom to trust? Who has the right answers? How might we go about finding out these things? We continue to look at these questions in several arenas: scholars, scholarship, and schools. Interesting sidelights abound, as usual, and a Friendly detour finds an unusual consensus in the “who’s the best” category.
Show Notes:
Episode 34: Sabermetrics for Lawyers
August 25, 2021
A SCOTUS case from the last term generates a citation for Akhil, and in turn, an episode that ranges from the 4th amendment to baseball.
.
What do Willie Mays and Laurence Tribe have in common? Andy and Akhil start with an Amar citation from Clarence Thomas in a case last term and branch off into a discussion of scholars’ rankings, the fourth amendment, legal realism, scholarship and schools, books vs. articles, and a dizzying array of other topics. This potpourri launches a series on the inside of the academic world as well as a look at the recently concluded SCOTUS term.
Show Notes:
Episode 33: Confirmation Cacophony
August 18, 2021
As we conclude our series on the sitting Supreme Court justices, a look back at some tumultuous confirmation hearings in light of those justices’ first years on the court proves interesting.
.
We return to our look at all the sitting Supreme Court justices with the final two – Justices Kavanaugh and Gorsuch. This necessarily involves revisiting the confirmation process, particularly in the case of Justice Kavanaugh, where Professor Amar played a role in print and in the witness chair. How have the first years of his tenure, along with Justice Barrett’s, played out in light of some of the events of those confirmations? The early returns are fascinating.
Show Notes:
Episode 32: Neal Katyal’s Life in the Law, Part 2
August 12, 2021
We continue our discussion with Neal Katyal, this time with a look at the Supreme Court term just passed, and some of the major cases coming up.
.
Neal Katyal, now at the peak of the Supreme Court bar, reviews many of the big issues the Supreme Court will face in the new term, as well as some just past. Abortion, affirmative action, and cases involving a tension between legitimate governmental action and religious organizations are all discussed from the unique perspective of this remarkable litigator, professor, author, and television commentator.
Show Notes:
Episode 31: Neal Katyal’s Life in the Law, Part I
August 3, 2021
Our long-promised interview with Neal Katyal is here, and it’s so compelling that we made it a two-parter. Part I details one of America’s great law careers, and some of the cases of the century.
.
After teasing it for months, Neal Katyal, perhaps our nation’s finest Supreme Court advocate, joins Amarica’s Constitution. The dramatic rise of a truly great lawyer is a fascinating story, including the case that launched Neal into Supreme Court practice – Hamdan v. Rumsfeld. Later he would become Acting Solicitor General and then move into John Roberts’ old chair as the head of the Supreme Court appellate office at Hogan Lovells, Georgetown Law Professor, nationally-known media personality, author including sometimes co-author with Professor Amar, and even a TV actor. There’s too much to tell in one episode, so Neal will return next week for analysis of some of today and tomorrow’s most compelling legal issues, along with the arguments of other panelists.