Amarica's Constitution

Mr. Amar Goes to Washington - the Moore v. Harper Oral Argument

After a year of lead-up, Moore vs. Harper has landed at the Supreme Court for oral argument.  Akhil and Andy travel to Washington and attend the three hours of argument in the Chamber.  We play clips and analyze them - the words, the logic, the briefs, the lawyers, the justices, the clerks, the legal world, as America holds its collective breath while democracy itself hangs in the balance.  This is the place for the most nuanced and informed analysis of the positions.  We also post relevant documents at akhilamar.com/podcast-2, for your “one stop shopping” whether you are a concerned citizen, a member of the media, or even a Supreme Court clerk or justice.

Out-Ranked: Live Podcast with Yale Law School’s FedSoc Chapter

Amarica’s Constitution is invited to Yale Law School by the YLS chapter of the Federalist Society for a live podcast, and Yale cooperates by choosing this day to withdraw from the US News rankings of Law Schools.  Naturally, we take that on, and it is the law students themselves that serve as our guests for a lively discussion.  Beyond this issue, however, we take a look inside this iconic Law School, and we see what it’s like for the FedSoc members - perhaps outside of YLS’ ideological mainstream, but as you will hear, an impressive and thoughtful lot.  Many of you will emerge from this listen with a sense that a valuable discourse can be had with them - and we can all agree that our nation needs more of that.  Or so one would think - but does Yale Law School concur?

Ban the Box?

It’s Part 2 of our discussion of the Supreme Court’s affirmative action cases, with Harvard and the University of North Carolina defending their procedures  We play clips from the oral arguments, with every justice chiming in along with the advocates, and our analysis follows.  This time we address themes that recurred during the arguments - how does one determine an endpoint for racial preferences in admissions?  How can we measure or pinpoint the educational value of diversity?  What is the appropriate level of diversity - is it necessarily identical to the proportional representation in the population?  And importantly, what might take the place of the “checkbox” that currently appears on most college applications, designating one’s race?  Professor Amar’s 1996 article, co-authored with Neal Katyal, somewhat prophetically touched on these and other themes, and it is referenced frequently in these discussions. 

100 Podcasts for Us, 40 Years for FedSoc - Special Guest Steven G. Calabresi

It’s Amarica’s Constitution’s 100th episode, and anniversary celebrations are in the air!  We bring back Professor Steve Calabresi, who returns from the Federalist Society’s Lawyers Convention - which just celebrated its own 40th anniversary.  The occasion was marked by a memorable Rosenkranz Debate, wherein Akhil took on Professor John Yoo on - what else? - the merits and demerits of ISL theory, and the forthcoming case of Moore v. Harper.  Steve Calabresi was present at the debate, and he offers his color commentary .  Of course, Steve was one of the three authors of the amicus brief that has received so much attention, together with our two Amar brothers, and we hear his perspective and his unique contributions.  On top of it all, we celebrate our milestone by launching video, through our new Instagram account, amaricas_constitution, and soon, a TikTok account as well, with highlight clips, photos, and more.

Double Negative Action

Affirmative action is before the Supreme Court, and two cases - one involving Harvard, and one implicating the University of North Carolina - were recently argued before the Court.  We have pulled out clips from the more than six hours of argument, culled the main arguments, and we present them to you.  Listen to the voices of the justices and the advocates, and hear Akhil’s commentary and analysis.  This is the first of a planned two-podcast series.

The Federalist Society, in Brief - Special Guest Steven Calabresi

The recent brief in the ISL case, Moore v. Harper, was notable in part because it was co-authored not only by our own Professor Amar and his brother, Dean Vik Amar, both well-known Democrats, but also by one of America’s best-known conservatives, Professor Steven Calabresi.  Steve is a co-founder and national chair of the Federalist Society, and importantly, this is not the first time he has crossed the aisle in matters of national import.  He joins our podcast and engages with his close friend, Akhil Amar, on a conversation that spans decades and gives insight in the founding, development, and present of this iconic conservative organization.  Characters from Ed Meese to Guido Calabresi take the stage.  You may be surprised as you learn the inside story from a consummate insider and scholar.

The News in Brief

It’s a week since the amicus curiae brief in the case of Moore v. Harper - the ISL case - was filed by Professor Amar, Dean Vik Amar, and Professor Steven Calabresi, and the reaction has been pouring in.  What arguments have been made to attempt to refute the brief?  The answer may surprise you.  Meanwhile, we take you through the remainder of the brief, explaining and expounding, providing backstory, and challenging you to reason along with us.  We suggest that you print out the brief to make it easier to follow along.  It’s a unique opportunity to delve into what may be the most important Supreme Court case of this decade, in advance of the December 7 oral arguments.

The Brief in Brief

Professor Amar and colleagues have weighed in (heavily) on the ISL danger, as they filed a brief with the Supreme Court in the case of Moore v. Harper.  The brief is garnering wide attention with its powerful argument, as well as an innovative format.  We review the background to the case and the brief, and then take you through the argument point by point.  Law and history come together to make the case in this most consequential matter.  Judging from the response, the country is watching.

Sweet Hugo in Alabama - A Special Live Podcast

Amarica’s Constitution is “On the Road” in Alabama for the dedication of the Hugo Black Memorial and Park.  Akhil is the keynote speaker and we record this live podcast at the Symposium that preceded Dedication Day.  For the occasion, we look at the great originalist and see that his moment is now - not only in Alabama, but at the Supreme Court, where case after case tracks his issues, his reasoning, and his method.  Indeed, Black’s greatest cases, including Adamson, Everson, Engel, and Gideon, find continuing relevance today.  Thus informed, we take a look at the coming term’s big cases through the Hugo Black originalist lens.  The audience chimes in with questions; a great time was had by all.

Zelig On The Court - Special Guest Brad Snyder

Our judicial Zelig, Felix Frankfurter, continues to grab our spotlight as his biographer, Brad Snyder, joins us again - this time, as a sitting Justice.  The many landmark cases that came Frankfurter’s way on the Supreme Court allow us to contrast his method of jurisprudence - be it “Thayerism,” “judicial restraint,” or something else - with originalism.  This means that Hugo Black, Frankfurter’s colleague on the Court (it’s complicated), takes the stage as well, as we look at case after case and see how these different approaches, and their wielders, fare.