Challenges of Applying Originalism

Oral arguments are approaching in the Trump v. Anderson case, and the nation is talking about little else.  At the Harvard Law School, Professor Amar is invited to debate a former US Attorney General and Federal Judge, Michael Mukasey, who also submitted an amicus brief in the case together with Bill Barr and Ed Meese, among others.  We analyze the debate - and the brief.  And in that brief, Akhil identifies what he considers to be an egregious error, which is telling not only in its fatal weakening of the particular argument, but in the way it calls into question the entirety of their brief, and how it points the way to needed reforms in the legal ecosystem as a whole.  This is an indispensable episode.  CLE credit is available from podcast.njsba.com.