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.
CLE Credit Available for this episode from podcast.njsba.com.
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.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
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.
CLE Credit Available for this episode from podcast.njsba.com.
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.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
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.)
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.
CLE Credit Available for this episode from podcast.njsba.com.
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.)