Show Notes
This week it’s Attorney Cecilia Wang’s turn, as she appears before the Supreme Court to defend birthright citizenship in the Trump v. Barbara case, and we continue to analyze clips of the oral argument. Meanwhile, we are joined by the host of the popular Advisory Opinions podcast: Sarah Isgur, who has written a new book that will be published, well, today. Last Branch Standing takes us inside the Supreme Court from the life of a clerk to a tour of the Court’s history to a statistical analysis of voting patterns on the Court - which are far more complex than is commonly thought. You can’t help but know more after this episode than you did coming in! CLE credit available from podcast.njsba.com.
More from Amarica's Constitution
At the James Otis Lecture at Faneuil Hall in Boston, Professor Amar sat on a panel with (retired) Justice Stephen Breyer, Sarah Isgur, and the moderator, Chris Duggan. Remarkably, the Justice and the Professor engaged in a debate on a case Justice Breyer sat on: the sometimes-notorious Citizens United v. FEC from 2010. Rarely does one have the opportunity to hear a Justice defend their opinion against arguments after the fact, but there is nothing unethical about it, and now you can enjoy and learn from it. Surely there is more to say and we hope to do so in the future, but here is a real treat as Amarica’s Constitution turns 300 episodes old (though the celebration will have to wait). Lawyers And Judges are eligible for CLE credit by visiting podcast.njsba.com after listening.
This episode features Judge Patrick Schiltz, a deeply respected and honored judge on the US District Court in Minneapolis, interviewed by Professor Michael Stokes Paulsen, long time friend of this podcast and distinguished scholar. Judge Schiltz has been in the belly of the beast that was the dramatic escalation in ICE activity in his area, with a geometric increase in cases, motions, and need for his and his staff’s services. Amidst all this, he has come under fire from the Trump Administration in recent days for speaking about the judiciary to news outlets, despite the affirmative obligation that judges have to engage in appropriate forms of this activity. Now listen and hear the voice of a distinguished and dedicated public servant and judge for yourself. Before and after the interview broadcast, Akhil weighs in on some of the legal issues and the background. And in the show notes on akhilamar.com/podcast you can hear Akhil’s own keynote at this same symposium on converse-1983 and related matters. CLE credit is available for lawyers and judges from podcast.njsba.com.
The President has been throwing news organizations out of various places: the White House in general, including the Press Room, and Air Force One. Can he do that? Does it matter why he is doing it? Has this come up before? Is it a constitutional matter? We welcome a leading First Amendment expert, Professor Eugene Volokh, to the podcast to discuss. Meanwhile, the Eight Circuit wasn’t quite ready to fade into the night, so they emerged one more time with the attempted congressional election districting map. The Supreme Court spoke quickly, clearly, and in one voice, and Professor Vik Amar is back as a guest to explain the significance - and the vehemence - of the Court’s words. Never a dull moment as the supposed off-season comes to a close and September ends. CLE credit is available for lawyers and judges from podcast.njsba.com.
The Eighth Circuit is at it again, believe it or not. Despite what appeared to be a clear directive from the Supreme Court to use the 2022 map in the upcoming federal election in Missouri, a panel of three judges from the circuit went in the other direction. Akhil has had about enough of this, and while he expects the Supreme Court to once again shoot down the eighth circuit, perhaps with feeling, we wonder what the mechanisms are to prevent this sort of rogue behavior. Akhil then employs one of them. Is that all there is? CLE credit is available for lawyers and judges from podcast.njsba.com.
It’s Constitution Day, or rather Constitution Eve as we record. Akhil is the invited speaker at Princeton University’s gala event, and ahead of the speech, we invited Princeton undergraduates to come and talk about the Constitution with us; to voice their questions, and to help us honor the mission of the day by engaging with American citizens on that thing that we all share and that hopefully embodies some set of shared values, history, and tradition. Akhil fielded, Cosell-style, the barrage of questions, and we came away reassured about the next generation and the likelihood of the document enduring. And Happy Constitution Day to all of you! CLE credit is available for lawyers and judges from podcast.njsba.com.