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.
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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.
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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.
Show Notes:
Episode 30: Witness in the Center Square
July 28, 2021
Professor Amar testifies before The Presidential Commission on the Supreme Court of the United States, and you are there.
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In these days of Zoom, Professor Amar’s testimony before The Presidential Commission on the Supreme Court of the United States looks a lot like the old TV show, the Hollywood Squares, and Akhil is in the center square. This is fitting, because his proposal for 18-year terms of active en banc service on the Court is front and center in these hearings. Akhil and Andy review the work done in advance of this testimony, recapitulate the major arguments in the proposal, and look at the Q&A that followed in depth, along with the arguments of other panelists.
Show Notes:
Testimony before Presidential Commission on the Supreme Court of the United States.
The session with Professor Amar begins at 5:51:25, so you may wish to begin the video at that point.
Episode 29: Tall Tales
July 21, 2021
The good and the bad; the long and the short of the career of Justice Neil Gorsuch.
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We continue to profile, recap, analyze, and learn from the nine Supreme Court Justices. This week our focus turns to those justices appointed by Trump, and the seat that would be Garland’s instead went to Neil Gorsuch. Akhil looks at cases old and new to find the highs and lows in Justice Gorsuch’s jurisprudence, and this justice who studied in two countries and clerked for two SCOTUS members, who calls neither of them his great influence, comes under our microscope.
Show Notes:
Episode 28: Architects May Come
July 14, 2021
Our “realistic” look at the Supreme Court Justices continues with Justices Alito, Sotomayor, and Kagan.
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We continue our Supreme Court series as the term comes to a close. Akhil profiles the “middle three” Justices: Alito, Sotomayor, and Kagan. Their backgrounds, their finest, and their not-so-finest moments are described and analyzed. If a Justice seems destined to spend decades in dissent, can she leave a legacy? We look at some who did. Lots of law, lots of cases in this episode for SCOTUS/con-law nerds.
Show Notes:
Simon and Garfunkel provide our episode’s title
Episode 27: Political Football
July 7, 2021
The question of Justice Breyer’s possible retirement looms large; we examine it in light of the entirety of the Justice’s career.
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After decades on the bench, Justice Breyer’s distinguished career is, for better or worse, fodder for discussion and debate. Akhil has brought a “refined legal realism” to profiling the various justices in terms of their backgrounds, legal and personal; the same approach provides a starting point for looking at this decision. But as we move into the realm of politics and strategy, reasonable people may disagree – just as when sports are discussed. So, Andy and Akhil consider clock management and other coaching questions.