Season 4, Episode 28 (Show 185): Disgrace
July 10, 2024
The Court reaches a new low in Trump v. US, the presidential immunity case, as we explain.
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The Court’s opinion in the presidential immunity case Trump v. US, has sunk in. On reflection it is even worse that on first impression, and that is saying something. But just to condemn the opinion is not enough. Professor Amar distills the Court’s argument to its essence and explains why it completely collapses under any kind of rigorous scrutiny. Its abandonment of originalism and of the constitution’s own terms is laid bare. How could the Court go so astray? We also take a stab at this, and speculate on various forms of rot that it may reveal.
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Show Notes:
Season 4, Episode 27 (Show 184): Debate Debacle, and Agency Atrophy
July 3, 2024
The Court’s big cases keep coming, and the debate had a stunning impact. And the President is immune, we now find. What now?
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In an exhausting week, the Court released a number of long-awaited cases, and we had a consequential presidential debate. We look at several cases that many believe have profound implications for the administrative state; the opinions in SEC v. Jarkesy, and Loper Bright v. Raimondo clearly have the effect of increasing the role of courts and juries, among other things. We look at the opinions, the underlying themes, and the impact. Meanwhile, following the debate, questions of presidential succession of several types, and of the vice president, are everywhere; these happen to be areas of Prof. Amar’s expertise, and so we address them. NOTE: The Presidential Immunity case, Trump v. US, came down after we taped this episode; we have some early but important resources for you on this as well.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 4, Episode 26 (Show 183): The Court’s Originalism About Face
June 26, 2024
The big cases are rolling in. Last week, opinions in the Rahimi gun case and the Moore tax case were released. We analyze.
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As the end of the term approaches the deluge of major cases has begun. Two big cases – the eagerly awaited sequel to the Bruen case – Rahimi – features an orgy of originalist theorizing and opining. Meanwhile, in Moore v. US – a case where Professor Amar and his team had an amicus brief – the tax power was upheld, but reading the opinion one might wonder if the same Court had sat for this case. We take a look at the opinions and give our own take on these impactful cases, even as we brace ourselves for many more in the week or so to come.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Season 4, Episode 25 (Show 182): Protests, Mifepristone, and Bump Stocks
June 19, 2024
We review two Supreme Court opinions from last week – related to issues of guns and of abortion – and take look at the student protests through the lens of the American Revolution.
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Akhil is in Boston this week and reminds us that the history of the American Revolution, where Boston is so pivotal, contains myriad lessons that provide insight into the student protests of today – so we look at this subject in some detail. Meanwhile, the Court issued opinions in two prominent cases, and Akhil seems to be reluctant to take “yes” for an answer in one of them, so we take another look at issues of standing. Does Akhil convince you of the correctness of his approach? Finally, the bump stock gun case, a statutory interpretation case, is lamented by many; we take a quick look at why it doesn’t have to be the last word on this matter.
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Show Notes:
Season 4, Episode 24 (Show 181): Lear Jets, Books, and Virtue
June 12, 2024
The Court’s annual financial disclosures are out, with implications galore. A potpourri of sorts this week.
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The Court is taking its time on major opinion, which gives us a moment to turn to other matters. Ethics remain in the news; the Court’s annual financial disclosures contain a number of surprises – maybe not so surprising. There’s a lot to say there, and we have some proposals to improve the situation. President Biden takes a position on a pardon, and we take a position on that. Our listeners continue to provide great input on an ongoing conversation, and we take it seriously.
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Show Notes:
Season 4, Episode 23 (Show 180): The Jury Speaks
June 5, 2024
He’s guilty. Now what? We review the forthcoming appellate process, and take issue with some of the bile that was spewed by the accused, now convicted, ex-president and current felon.
CLE Credit Available for this episode from podcast.njsba.com.
The verdict is in – guilty x 34. A jury of Trump’s peers had its say, but the ex-president couldn’t leave it at that, of course. On the legitimate side, the appeals are expected to begin soon. On the Trump bombastic side, he blasted every institution in the legal system for having the audacity to do their duty. Particularly in the case of the ordinary citizens of the jury, this bears examination, and so we do. We also preview some of the likely appellate issues, lay out the expected path through the courts, and take some interesting listener’s questions.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)