Season 2, Episode 51 (Show 103): Mr. Amar Goes to Washington – the Moore v. Harper Oral Argument
December 14, 2022
ISL comes to the Supreme Court at last. Akhil and Andy are present at the arguments; they report on all aspects of the case, with clips, legal analysis, and eyewitness accounts.
After a year of lead-up, Moore vs. Harper has landed at the Supreme Court for oral argument. Akhil and Andy travel to Washington and attend the three hours of argument in the Chamber. We play clips and analyze them – the words, the logic, the briefs, the lawyers, the justices, the clerks, the legal world, as America holds its collective breath while democracy itself hangs in the balance. This is the place for the most nuanced and informed analysis of the positions. This site is your “one stop shopping” whether you are a concerned citizen, a member of the media, or even a Supreme Court clerk or justice.
Show Notes:
Season 2, Episode 50 (Show 102): Out-ranked – Live Podcast with Yale Law School’s FedSoc Chapter
December 7, 2022
In this special live broadcast from Yale Law School, our guests are YLS’ FedSoc members – on the day that Yale withdraws from the US News rankings of law schools.
Amarica’s Constitution is invited to Yale Law School by the YLS chapter of the Federalist Society for a live podcast, and Yale cooperates by choosing this day to withdraw from the US News rankings of Law Schools. Naturally, we take that on, and it is the law students themselves that serve as our guests for a lively discussion. Beyond this issue, however, we take a look inside this iconic Law School, and we see what it’s like for the FedSoc members – perhaps outside of YLS’ ideological mainstream, but as you will hear, an impressive and thoughtful lot. Many of you will emerge from this listen with a sense that a valuable discourse can be had with them – and we can all agree that our nation needs more of that. Or so one would think – but does Yale Law School concur? And Note – this week is the oral argument in the Moore v. Harper ISL case. We are attending the argument in person, and will have an analysis next week!
Show Notes:
Season 2, Episode 49 (Show 101): Ban the Box?
November 30, 2022
We resume our discussion of the two recent affirmative action cases, with more clips from the oral arguments and more of our analysis.
It’s Part 2 of our discussion of the Supreme Court’s affirmative action cases, with Harvard and the University of North Carolina defending their procedures We play clips from the oral arguments, with every justice chiming in along with the advocates, and our analysis follows. This time we address themes that recurred during the arguments – how does one determine an endpoint for racial preferences in admissions? How can we measure or pinpoint the educational value of diversity? What is the appropriate level of diversity – is it necessarily identical to the proportional representation in the population? And importantly, what might take the place of the “checkbox” that currently appears on most college applications, designating one’s race? Professor Amar’s 1996 article, co-authored with Neal Katyal, somewhat prophetically touched on these and other themes, and it is referenced frequently in these discussions.
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Season 2, Episode 48 (Show 100):100 Podcasts for Us, 40 Years for FedSoc – Special Guest Steven Calabresi
November 23, 2022
In our 100th episode, Steve Calabresi returns for his perspective on the brief in Moore v. Harper, and reports from his ringside seat at the debate between Akhil and John Yoo on this case.
It’s Amarica’s Constitution’s 100th episode, and anniversary celebrations are in the air! We bring back Professor Steve Calabresi, who returns from the Federalist Society’s Lawyers Convention – which just celebrated its own 40th anniversary. The occasion was marked by a memorable Rosenkranz Debate, wherein Akhil took on Professor John Yoo on – what else? – the merits and demerits of ISL theory, and the forthcoming case of Moore v. Harper. Steve Calabresi was present at the debate, and he offers his color commentary . Of course, Steve was one of the three authors of the amicus brief that has received so much attention, together with our two Amar brothers, and we hear his perspective and his unique contributions. On top of it all, we celebrate our milestone by launching video, through our new Instagram account, amaricas_constitution, and soon, a TikTok account as well, with highlight clips, photos, and more.
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Season 2, Episode 47 (Show 99): Double Negative Action
November 16, 2022
The Supreme Court heard oral arguments in two affirmative action cases. We dissect the arguments, airing actual clips from the arguments and offering our commentary.
Affirmative action is before the Supreme Court, and two cases – one involving Harvard, and one implicating the University of North Carolina – were recently argued before the Court. We have pulled out clips from the more than six hours of argument, culled the main lines of reasoning from both sides, and we present them to you. Listen to the voices of the justices and the advocates, and hear Akhil’s commentary and analysis. This is the first of a planned two-podcast series.
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Season 2, Episode 46 (Show 98): The Federalist Society, in Brief – Special Guest Steven G. Calabresi
November 9, 2022
The co-founder and national chair of the Federalist Society, as well as a key co-author of our recent brief, Steve Calabresi, joins Amarica’s Constitution for a free-wheeling conversation.
The recent brief in the ISL case, Moore v. Harper, was notable in part because it was co-authored not only by our own Professor Amar and his brother, Dean Vik Amar, both well-known Democrats, but also by one of America’s best-known conservatives, Professor Steven Calabresi. Steve is a co-founder and national chair of the Federalist Society, and importantly, this is not the first time he has crossed the aisle in matters of national import. He joins our podcast and engages with his close friend, Akhil Amar, on a conversation that spans decades and gives insight in the founding, development, and present of this iconic conservative organization. Characters from Ed Meese to Guido Calabresi take the stage. You may be surprised as you learn the inside story from a consummate insider and scholar.