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.
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.
Show Notes:
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.
Show Notes:
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.
Show Notes:
Facade of the National Constitution Center
The Pennsylvania Packet, September 19, 1787
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.
Show Notes:
Episode 42: Errors of Commission
October 20, 2021
The Biden Commission has released a draft report on “term limits” for the Court; we address the arguments.
Remember “18 reasons for 18 years?” Well, so did the Biden Commission, and as they reject court packing, they flirt with the 18 year plan. A few voices are raising in the media and even some on the commission, so we review their arguments and analyze their possible merits. A big question – can it be implemented by statute, or is a constitutional amendment required? No surprise that Akhil has a clear opinion on this. If this happens, you heard it here first – or rather, you read it first back in 2002 when Akhil and his co-author came up with it.