Amarica's Constitution Akhil Reed Amar

Resignations are in the air, and our discussion - recorded before President Biden’s actions - offers surprising resonances in its wake.  Meanwhile, our guest, Professor Vik Amar, provides not just a condemnation of Judge Cannon’s recent dismissal of the Trump documents case, but a refutation of the arguments she made, and a recitation of those crucial points, cases, and reasonings which she ignored.  Plus we finally have the details on the EverScholar announcements we have been teasing; 18 year terms are back in the news; and more.  We will be back, possibly early this week depending on developments, with a special episode on President Biden’s withdrawal from the presidential race. CLE credit is available from podcast.njsba.com.

President Biden is hearing calls from many quarters to step down as a candidate.  Donald Trump is shot. Questions of presidential succession and/or resignation abound.  While it may seem these are unique and strange situations which the American republic has never faced, in fact, resignation has been a key American issue for centuries.  Episodes well-known, and others rarely taught, are reviewed on our podcast this week, providing context and counsel for our listeners, and hopefully for the candidates themselves.  The path to Mount Rushmore may take a turn away from the Oval Office, it turns out.  CLE credit is available for lawyers and judges from podcast.njsba.com.

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. CLE credit is available from visiting podcast.njsba.com after listening.

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.  CLE credit is available 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.

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.  CLE credit is available after listening by visiting podcast.njsba.com.