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.
Show Notes:
Episode 26: Know the Nine You Will
June 30, 2021
We begin a series on the Supreme Court by profiling its nine Justices with an approach you haven’t heard before. And Akhil has some news about an upcoming appearance.
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The Supreme Court’s 2020-21 term is closing, and we are opening a window into the Court. We begin by looking closely at each Justice – specifically, their backgrounds and how their jurisprudence reflects influences from their past. Each Justice has their best and worst moments in Akhil’s eyes, and we discuss them. Also, Akhil has an important appearance coming up, so some background to that event is yours for the listening.
Show Notes:
Episode 25: Yale’s Constitution – special episode – guest Professor Nicholas Christakis
June 28, 2021
Andy and Akhil, in a role-switching episode, dissect the recent scandal regarding Yale’s governance and take stock of disturbing trends at their alma mater. Professor Nicholas Christakis makes a guest appearance, forming an all-star faculty team along with Andy – a now-former candidate for Yale’s Board.
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In this “additional” episode, Andy and Akhil switch roles and put the US Constitution aside for an hour, as they take a deep dive into the governance and politics of their beloved alma mater. Yale recently provoked a scandal when their trustees abruptly eliminated most of the democratic elements whereby alumni participated in the governance of the University. Andy was a candidate for election to the Yale Corporation, and he leads us through the weeds “inside Yale.” Meanwhile, Nicholas Christakis, a Sterling Professor at Yale and an official of Yale’s Faculty Senate, joins us; he and Akhil offer a unique faculty-oriented perspective on events. Anyone who cares about Yale will want to learn the facts behind this outrage. And how does John Adams, a Harvard man, sneak his way in?
Show Notes:
Episode 24: They Are Small Colleges
June 23, 2021
The colleges of the Founding era were few in number but outsize in importance both then and now; Andy and Akhil discuss greats, familiar and otherwise, from Webster to Wood.
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Akhil and Andy continue their tour of the 9 established colleges at the Founding, 7 were in the Ivy League, so the Ancient Eight will inevitably stand out in our survey – but they are not alone, as we discuss. Still it is remarkable that such a tiny portion of the population yielded so many familiar names. Latter-day scholars from these institutions still loom large as well, from Daniel Webster and Charles Beard to Gordon Wood and Maggie Blackhawk – giants all. And learn about one of the greats that you may not know well – Douglas Adair.
Show Notes:
Excerpt from Good Will Hunting on Gordon Wood et al
Re-creation of Dartmouth College v. Woodward, with Neal Katyal presenting Daniel Webster’s argument