Amarica's Constitution

The Rights of Bigots

A Colorado website designer refuses to create sites for gay couples’ weddings, going afoul of Colorado’s public accommodations law.  Can she be compelled to author such a site?  The Court has ruled, and we have the analysis.  Along the way, we find ourselves discussing the intricacies of stipulations, and getting into the fine points of how one gets to federal court, even as we consider more mainstream questions as speech vs. conduct, the limits of rights, and some interesting hypotheticals.  Professor Amar, as usual, has his own take on such things.

No Moore ISL

The Supreme Court has ruled in the Independent State Legislature case, Moore v. Harper.  As we have from the beginning, we look at the case from the point of view of the precedents, of the history, the constitutional issues and implications, and the inner dynamics of the Court and beyond.  As an author in a key amicus brief, Professor Amar is on the inside, and now so are you, as we take the opinion apart and explain the sometimes confusing matter of why the case was not rendered moot by later developments - and we look at the strange split among the various advocates on this question.  We compare Chief Justice Roberts’ reasoning with our own from our brief, and look at the importance of a concurrence.  At the end of the day, and of this podcast, you will come away with a thorough understanding of what could have been a disaster for the country but instead is a fine hour for the Court.

Four Clauses, Two Juries

It’s Supreme Court opinion season, and just before this week’s upload came the happy news of the Moore v. Harper decision.  We’ll be back with details on that soon enough, of course.  Prior to that, however, the Court issued some fascinating decisions last week, including in the case of Samia v. United States.  This confrontation clause/Sixth Amendment case happens to hit one of Professor Amar’s many sweet spots; he has written on the subject in numerous forums over years and is a true expert.  You will have a complex set of facts made legible, and a confusing set of key constitutional principles sculpted into an elegant formulation.

Whose Welfare?

The Supreme Court upheld various provisions of the controversial Indian Child Welfare Act last week.  The facts of Haaland v. Brackeen, and some provisions of the Act, raise dramatic questions about questions of best interests of children, of the nature of tribal entities, and of who speaks for whom.  The opinion itself largely sidesteps many of these questions and instead dives into areas which Professor Amar has long offered his expertise - going back nearly 20 years or more.  No wonder, then, that he is cited twice in this case, and now our listeners have the chance to learn from the acknowledged expert on these matters.

The Judgment of History

All eyes are on Miami, where Donald Trump faces justice.  But should it be Miami?  Should it be this judge, who has such a checkered history in this case?  What does the Constitution say about these and other issues this case brings forth?  What about precedents?  It’s just the beginning, but we are ready to take on these and other issues.

I Am Calabresi

In this season of college commencements, our eyes were caught by an honorary degree given to Yale Professor, Federal Judge, and scholar Guido Calabresi. This episode will review his many contributions to America’s constitutional landscape, and to Professor Amar in particular. Prepare for a Paper Chase-like journey through the world of Guido Calabresi as seen through the eyes of Akhil Amar.

Crossfire on the Ceiling - Special Guests Jack Balkin and Saikrishna Prakash

Congress is attempting to pass a bill that would implement a deal that President Biden reached with Speaker McCarthy and House Republicans.  The issues are many - what does the President due if the bill is not passed?  How imminent is the threat of default?  Would a default be constitutional?  Does the Constitution require any action by the President in such a situation?  What does the 14 Amendment, Section 4, say about this?  What does an originalist analysis of the global situation look like? We bring the best experts from both sides of the political aisle for a vigorous but intellectually honest debate on the subject, and in the process, hope to find some areas of agreement and wide areas to enrich our audience.

Duct Tape on a Warhol - Special Guest James Boyle

The Court treated us to an assortment of nude pictures this week.  The occasion was a copyright case featuring the works of Andy Warhol and the photography of Lynn Goldsmith, and the persona of the late artist Prince.  To enlighten us on the intricacies and melodies of copyright law and history, we bring the premier scholar in the field to our podcast - Professor James Boyle of Duke.  The result is a far-ranging discussion ranging from Plato to Creative Commons, the latter an achievement due in no small part to Professor Boyle’s efforts.  As for the case, it might be more important than the Court wants it to be, and we will tell you why.

Judging for Yourself - Special Guest Kathleen Clark

Justice Thomas remains in the news, as items old and new - from his ward’s private school tuition to his wife’s employment - appear on almost a daily basis.  Friends of the Justice are quoted implying an effort to hide some of these transactions from public view.  An infamous Supreme Court case, Shelby County, creeps back in.  To help untie this web of questions, we are privileged to have Professor Kathleen Clark, a widely-recognized expert with an overwhelming resumé and Professor Amar’s seal of approval.  The discussion is predictably energized.

Coronation Considerations

King Charles III has sat in St. Edwards' Chair, been anointed with oil, and enjoyed all manner of pomp.  Akhil finds important echoes of the elevation of another III - George - back at the time of the American founding.  In a busy week, we also note the release of Justice John Paul Stevens' private papers, with implications for important cases including - surprise! - Moore v. Harper.  Finally, the New York Times has a lengthy, lead article about a controversial law school, and we offer our take on that.