Legal expert Professor Amar discusses standing in the Supreme Court case on FDA regulation of Mifepristone. Insights from the EverScholar program and musings on the Trump gag order. A wide-ranging episode with CLE available.
Understanding standing in legal cases is crucial for determining who can bring a lawsuit in federal court based on Article III of the Constitution.
Challenges arise in establishing standing for psychic or remote injuries, highlighting the limitations of invoking speculative harms in legal cases.
Substantive law plays a key role in defining standing and cause of action by providing the framework for recognizing legal rights and remedies in different legal contexts.
Deep dives
Gordon Wood's Insights on Virginia and Secession
During the podcast episode, Gordon Wood shared a fascinating perspective on Virginia's legal status during the discussion of secession. He highlighted how Virginia faced a unique challenge when it came to seceding, especially in relation to the Confederate Constitution's prohibition of the international slave trade. Wood's insights shed light on Virginia's strategic considerations during the secession period, offering a deeper understanding of Virginia's significance within the Confederacy.
Successful Review Sessions and Preparedness of Ever Scholars
The review sessions organized for the Ever Scholars after dinner were a hit, reflecting their dedication and commitment to learning. Despite the fatigue after a long day, up to 12 participants engaged in these review sessions, indicating their enthusiasm and readiness for the academic discussions. This proactive approach demonstrated by the scholars ensured that they entered the classroom well-prepared, contributing to lively and insightful conversations throughout the program.
Invaluable Field Trips to Bain Library and Yale Art Gallery
The field trips to the Bain Library and the Yale Art Gallery provided the Ever Scholars with unique and enriching experiences that enhanced their understanding of historical artifacts and artworks. At the Bain Library, scholars had the opportunity to examine an original print of the Constitution, uncovering historical nuances such as a typo related to the international slave trade prohibition. Additionally, visiting the Yale Art Gallery and viewing John Trumbull's paintings offered scholars a visual narrative of American history, enriching their perspectives on the nation's founding figures and pivotal events.
Importance of Understanding Standing in Legal Cases
The discussion in the podcast episode delves into the concept of standing in legal cases, highlighting its significance in determining who is entitled to bring a lawsuit in federal court. The episode discusses how standing is rooted in Article III of the Constitution, emphasizing that having a cause of action and meeting the requirements of substantive law are essential for establishing standing. By examining relevant cases such as Luhan and Trans Union, the episode explores the complexities of standing doctrine and its interplay with constitutional provisions.
Challenges of Establishing Standing Based on Psychic or Remote Injuries
The podcast episode addresses the challenges associated with establishing standing based on psychic or remote injuries in legal cases. It illustrates instances where the Supreme Court's interpretation of standing doctrine, particularly in cases like Trans Union, has raised questions about the recognition of probabilistic or speculative harms. The episode emphasizes the need for concrete legal entitlements, explicit causes of action, and a connection to substantive law to establish standing, highlighting the limitations of invoking psychic or abstract injuries.
Role of Substantive Law in Defining Standing and Cause of Action
The episode underscores the importance of substantive law in defining standing and cause of action in legal disputes. It explains how federal statutes, treaties, and the Constitution provide the framework for determining who has the right to bring a lawsuit and under what circumstances. By discussing examples related to religious accommodation, market fairness, and constitutional protections, the episode illustrates how substantive law governs the recognition of legal rights and remedies in various legal contexts.
The Supreme Court heard the case on the legality of FDA regulation of Mifepristone. Issues of standing seemed to dominate, so Professor Amar treats us to a master class on standing - in this case, and its recent evolution. He also suggests that at least one Justice might benefit by attending. In a wide-ranging episode, we also share excitement and some new scholarly insights that emerged from the recent EverScholar program led by Akhil and others; and the Trump gag order gives rise to some musings as well. There’s a lot for everyone in this episode, including CLE available from podcast.njsba.com.
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