The “brothers-in-law” Vik and Akhil Amar have filed an amicus brief in Trump v. Anderson et al.  The brief contains a dramatic historic episode that you almost certainly knew nothing about, and which is highly relevant - perhaps decisive - to the case.  Prepare to be amazed by this story of the “First Insurrection,” which preceded and was distinguishable from the Civil War itself, and which makes clear the certain intent of the framers and ratifiers of the Fourteenth Amendment - and the course the Supreme Court should take in this case. This, and the episodes to follow, may be the most important episodes we have offered in the more than three years of this podcast. CLE credit is available from podcast.njsba.com.

The months of discussion of Section Three on Amarica's Constitution now make their way to Washington, as cert has been granted in Trump v. Anderson.  Amicus briefs will pour in - including the brothers Amar's brief.  We present some of the approach the brief will take, and we look at the nine Justices, taking account of their jurisprudential history and styles, and discuss how an intellectually honest brief-writer can make their best arguments even better by considering how their readers will read them, and what might be most useful to provide to those readers.  It's not quite "handicapping" but it is insightful, as all America is wondering if this case might actually result in the removal of Donald Trump from Colorado's primary ballot, and eventually possibly more states' ballots as well.  It has come to this.

The nation awaits the Supreme Court’s seemingly inevitable review of the Section Three case from Colorado, and perhaps Maine as well.  Media around the world is weighing in with editorials and op-Ed’s; a smorgasbord of legal, political, and predictive arguments from professors, editors, elected officials, and others with their own range of expertise.  We continue our attempt to help you make sense of these by choosing pieces that make the range of arguments out there.  We do our best to present their argument and respond to it, bringing Professor Amar’s considerable armamentarium to bear for your benefit.  And this week, Akhil has at least two - maybe three - major new ideas he brings to the national discussion.  They can be found here first.  CLE credit is available from podcast.njsba.com.

The Colorado Supreme Court opinion on disqualifying Donald Trump, though long anticipated, landed like a tornado.  Op-eds, pundits, academics, officials - all are weighing in.  It’s a victory for democracy - no, it’s antidemocratic.  Section Three is a dead letter - no, it’s self-executing.  Trump is out - no, this helps him.  America is reaffirmed - no, there will be violence in the streets. Liberals are split; conservatives are split.  What will the Supreme Court do?  Spend some time with Amarica’s Constitution and we will help you make sense of it, and we will present the best and worst arguments out there.  And - get some CLE for your trouble!  Visit podcast.njsba.com after listening.

The administrative state is up for grabs, some say, in the case of SEC v. Jarkesy, which was argued before the Supreme Court recently.  We have another “clip” episode, with Akhil weighing in on attorneys and justices alike.  It’s particularly appropriate in this case, because so much of the case concerns juries and the 7th amendment - which, by the way, Akhil has written extensively on.  That’s probably why he’s cited in so many of the briefs.  We also heard some noise out of Colorado, by the way.  CLE credit is available for this episode from podcast.njsba.com.

The question of Donald Trump's disqualification under Section 3 of the 14th Amendment is before the courts.  Last week the Colorado Supreme Court heard appeals of the District Court rulings.  As they consider their decision, we have the privilege of hearing from the nation's two leading experts on the subject, the author of The Sweep and Force of Section Three - the universally acknowledged definitive article. (Note: this episode is uploaded a day early because of the timing of the case.) They respond to the arguments made in court, as well as those that have been put forth in media and elsewhere - and we also consider the two other cases, in Michigan and Minnesota. The previous appearance by Profs. Baude and Paulsen were the highest rated episodes in Amarica's Constitution's 3 years, and this may be even more important for clerks, judges, and citizens to hear and consider.

There is no shortage of tributes to the just passed Justice Sandra Day O’Connor, and rightly so, and this first female Justice richly deserves praise and memory.  We aim to offer a tribute by taking her seriously as a Justice of ideas as well as the frequently mentioned deeply human remarkable woman she was. Fortunately, Akhil’s career has been intertwined with Justice O’Connor’s in a remarkable back-and-forth of ideas, cases, refinement, and legal innovation, so our perspective is a deeply informative one.  Among other things, we look at the 10 most significant areas of jurisprudential impact in this remarkable but somehow underestimated to the end titan. CLE credit available after listening from podcast.njsba.com.

Donald Trump’s disqualification for the Presidency under Section 3 of the 14th Amendment is on the docket for the Colorado Supreme Court next week.  We have brought the two leading experts on the history of this clause to our podcast. They have written extensively on the 38th-40th Congresses who passed and first acted under the amendment; on John Bingham, the “James Madison” of the Fourteenth; and they continue to provide pertinent historical details on almost a daily basis.  Professor Magliocca testified in the District Court hearing on this.  Suffice it to say, then, that the best arguments on both sides will be aired here first, before they are heard in Colorado, and you will be the judge today.  CLE credit available at podcast.njsba.com.

The Supreme Court heard oral arguments in US v. Rahimi, a significant gun case, and we get to work.  We have pulled clips from the argument so you can hear the justices and advocates in their own words, and Akhil comments after each clip.  The case is important in itself, with wide implications regarding permissible gun regulation, and it also touches on a number of key methodological points that teach about originalism - properly done, and perhaps at times, improperly done.  CLE credit is available after listening by visiting podcast.njsba.com

The Amars’ amicus brief in Moore vs. United States is the talk of the legal ecosphere.  Akhil’s co-author, Professor Vik Amar, joins us for analysis of the precedents that followed Hylton - faithful and otherwise.  This tour de force of legal analysis is perfectly suited for your CLE credit.  We also look at recent comments from the Supreme Court on Moore’s issues, and survey the reactions to the brief’s release.  Various arguments that purport to address some of the brief’s claims have emerged:  in support, in conflict, and complementary; we analyze and respond to them.