Amarica's Constitution

Vik Amar, a Distinguished Professor of Law at UC Davis, joins the discussion on the landmark case US v. Skrmetti. They dive deep into the complexities of the law banning gender dysphoria treatments for minors, questioning if it amounts to sex discrimination. The conversation extends to transgender rights and the legal classifications that may warrant heightened judicial scrutiny. Amar and co-host Akhil articulate a unifying theory on these issues, linking them to broader concepts of equality as shaped by pivotal Supreme Court cases.

The Supreme Court’s term is long since complete, but we turn back the clock and take a deep dive into one of the major cases of the term, United States v. Skrmetti.  This case addressed questions of gender dysphoria treatment and transgender rights, but fundamentally, it was a case about the law of equality, say the brothers Amar.  Yes, Vik Amar is back as a guest, and our two experts go back and listen to the oral argument and react to the Justices and the advocates as they present.  It turns out that this is an excellent case for learning about how the law attempts to implement the equality promises of the Constitution, and you will hear the Justices engage in this action, or inaction.  Our experts add more than their take on the arguments - they have theories that go beyond anything said in Court that day or written in the opinions that followed.  This is part one of a multi-part summer treat from Amarica’s Constitution.  CLE credit is available for lawyers and judges from podcast.njsba.com.

In this engaging discussion, Michael Dorf, a renowned legal scholar and professor at Cornell Law School, celebrates the legacy of Richard Fallon, a pivotal figure in constitutional law. They explore the contrasts between originalism and other interpretive methods, shedding light on their implications in modern legal contexts. Dorf shares anecdotes from his collaboration with Fallon, emphasizing the delicate balance between individual rights and governmental authority. This tribute beautifully melds personal reflection with profound insights into the future of constitutional interpretation.

Join U.S. Representative Jamie Raskin, a constitutional scholar and leader in the impeachment inquiry, alongside author Sam Tanenhaus, who unveils the complex life of conservative icon William F. Buckley. They discuss the urgent need for bipartisanship in Congress amidst growing polarization and the delicate dance between legal responsibilities and political affiliations during impeachment. Raskin shares insights from the January 6th investigation, while Tanenhaus reflects on Buckley’s influence on modern conservatism and his legacy in shaping political discourse.

The discussion tackles the Supreme Court's handling of the birthright citizenship case and the implications of recent nationwide injunctions. Legal experts dive into the complexities of judicial decision-making, especially regarding impeachment and constitutional violations. They explore innovative legal strategies for class action lawsuits and analyze universal injunctions' impact on judicial processes. Historical context and the need for clarity in Supreme Court remedies are also emphasized, alongside significant upcoming commemorative events.

This discussion dives into a pivotal court case about inclusive books in schools, igniting debates over parental rights and religious education. The speakers tackle the tension between evolving educational standards and individual beliefs, emphasizing the need for diverse representation in curricula. There's a critical exploration of maintaining a balance between parental opt-out options and the necessity for children to encounter varied perspectives. Ultimately, they reflect on the complexities of ensuring both personal freedoms and educational integrity in a rapidly changing societal landscape.

The podcast dives into the contentious issue of presidential power in military actions, as recent bombings in Iran raise constitutional questions. It explores the War Powers Resolution and the historical tug-of-war between Congress and the presidency. Also highlighted are intriguing discussions on American independence and the implications of the Emancipation Proclamation. Listeners are treated to a unique blend of history and legal analysis, underscoring the complexities of military authority and national security in today's context.

Former Justice Breyer returns to Amarica’s Constitution with reflections on his long-time colleague and, yes, his friend, in a rare opportunity to hear about relationships on the Court.  Meanwhile, former Souter clerk and current Professor at Penn Carey Law School, Kermit Roosevelt, looks back on the clerkship as well as at the threads that have emerged in the law and in his career from Justice Souter’s insights and methodology.  And Nadine Strossen, long-time president of the ACLU as well as dear friend to Justice Souter explores many of the first amendment and other cases that Justice Souter had profound things to say, often in dissent.  This is a powerhouse episode, but a tender one.  CLE credit is available for lawyers and judges from podcast.njsba.com.

The recent Supreme Court rulings have sparked intriguing discussions on gun rights. The Snow v. Brown case highlights the ongoing complexities surrounding the AR-15 ban. Delving into Second Amendment interpretations reveals a historical evolution that's particularly relevant for marginalized groups. The debate on firearm classifications and regional legislation adds another layer of conflict. Insights into Justice Souter's legal legacy and the media's influence on judicial perspectives make for a riveting exploration of these pivotal issues.

Trump says he will no longer take advice from the Federalist Society, and Leonard Leo in particular, for judicial nominations.  The criteria he will use instead appear to be cause for great concern, and we discuss this. Meanwhile, the Senate is poised to bypass the filibuster for more than judicial nominations, which calls for an analysis that we provide.  And the publication this week of Charles Sumner: Conscience of a Nation brings its author, Zaakir Tameez, onto our podcast to speak to Sumner’s enduring relevance.  CLE credit is available for lawyers and judges from podcast.njsba.com.