In this new podcast, Professor Amar offers weekly in-depth discussions on the most urgent and fascinating constitutional issues of our day. He is joined by host Andy Lipka and frequent guests: other top experts, including Bob Woodward, Neal Katyal, Nina Totenberg, Lawrence Lessig, Michael Gerhardt, and many more.

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.)

Show Notes:

Season 4, Episode 22 (Show 179): Big Mouth on Campus

May 29, 2024

We look at the campus protests that have swept the nation, and we start with a look at the constitutional issues, history, and cases that set the stage.

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The nation has been riled by campus unrest surrounding events in the Middle East.  Terms like “freedom of speech,” “academic freedom,” “right to protest,” “conduct vs. speech,” and issues of hate speech, offensive speech, safety, and more have arisen.  We start our look at this situation where we always begin: with the Constitution.  This episode aims to lay out the history, background, constitutional provisions, interpretations, cases, and overall approach to these matters, so we can then look at what is actually happening and be in a position to offer opinions and possible prescriptions.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

Season 4, Episode 21 (Show 178): Flags of Our Spouses

May 22, 2024

Justices Alito and Thomas have faced a series of ethical issues involving their wives; it’s Alito’s turn this week.

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More than three years after the January 6, 2021 disastrous events, we remarkably are just now first learning of a complex series of events with profound ethical implications for Justice Alito.  Like his fellow justice, Clarence Thomas, Justice Alito’s wife’s actions, possibly political in nature, have placed the Justice in a position where his own actions are being widely questioned.  We take it one step at a time and offer our analysis, even if we don’t entirely agree with each other on this one.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

Season 4, Episode 20 (Show 177): Trials, Pardons, and Elephants

May 15, 2024

We bring you a report  from an on-site observer of  the Trump trial in NYC, discuss some of its constitutional issues, and answer user questions that turn out to be connected as well.

CLE Credit Available for this episode from podcast.njsba.com.

Donald Trump’s New York trial – where a conviction would be federal pardon-proof – has proceeded apace. we are pleased to bring a report to you from the trial itself, introducing you to one of Professor Amar’s star students in the process. Are there constitutional issues stemming from the trial?  You bet, and we address some of them. Meanwhile, a number of listeners have asked similar questions recently, so we take that family of questions on, and sure enough, there’s a lot to discuss there as well.

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

Season 4, Episode 19 (Show 176): Immunity versus The Rule of Law

May 8, 2024

We conclude our analysis of the oral argument in Trump v. US, the immunity case, with more clips from the Justices and commentary by Prof. Amar.

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This week we continue with clips from the oral argument in the immunity case (Trump v. United States).  Most of this week’s clips come from attorney Dreeben (representing the Special Counsel, and therefore the people of the United States), and some of the Justices have at him, sometimes in way Professor Amar finds wrong-headed or worse.  Our own argument is brought to bear upon these controversies, and a consistent way of addressing these questions emerges.  Clarity on the argument emerges.  

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes:

Season 4, Episode 18 (Show 175): Sense and Nonsense on Immunity

May 1, 2024

The oral argument in Trump v. United States, the ex-president’s quest for immunity from criminal prosecution, was held.  Here, part 1 of our analysis.

CLE Credit Available for this episode from podcast.njsba.com.

The nine Justices heard arguments on ex-president Trump’s attempt to claim a sweeping immunity from criminal liability and prosecution.  We present clips from the argument and our commentary, including some historical analysis of claims that Benjamin Franklin spoke in favor of such a thing (spoiler:  NO), and many other claims which we had predicted in recent weeks.  There is clear acceptance of some of the arguments we have made by many of the Justices, but questions remain to be sure, and we begin to address them in this first part of a planned two-episode arc of clip and comment.  

(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)

Show Notes: