The Surprising Score

The Surprising Score

The SCOTUS term is behind us, and we take a look back - not just at this term, but at the entirety of the Roberts Court. What are the most important constitutional cases of its time? Where do the justices line up on the important cases - that is, how often are they in the majority; how often is the opinion right-leaning, as many believe is usually the case, and how many are left-leaning? How often is the Court “clearly wrong” according to Professor Amar? And where does Professor Amar come out in terms of his alignment with the Court? The cases may be familiar, but our own look at this suggests to us that you may well be surprised when it all gets added up. We also have some listeners’ questions, and they turn out to be more far-ranging than you might have expected. CLE credit is available for lawyers and judges from podcast.njsba.com.

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Episoder(292)

Preclearing the President

Preclearing the President

What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again?  New tariffs are offered after the old ones are thrown out.  Birthright ci...

19 Aug 1h 14min

There You Go Again

There You Go Again

The President did not file for reconsideration of the Court’s decision in Trump v. Barbara, but the President nevertheless doesn’t let the Constitution rest, issuing two new executive orders that purp...

12 Aug 1h 8min

Dobbs and Bruen Plus Time

Dobbs and Bruen Plus Time

As we make our way through the 20 most constitutionally significant cases of the Roberts court, this episode takes us through two cases that have continued to have resonance with the American people a...

5 Aug 1h 19min

Faces of Intratextualism

Faces of Intratextualism

We continue our survey of the Roberts Court’s oeuvre of constitutional cases, with particular emphasis on the series of cases that concerned making rules for voting and for voting districts.  These ca...

29 Jul 1h 23min

Dissenting from the Dissents

Dissenting from the Dissents

How could the vote in Trump v. Barbara have been as close as it was?  Many have been bewildered by the vote in this case, given the strength of the arguments in Chief Justice Roberts' majority opinion...

16 Jul 1h 26min

Unitary Duality - Guests Steven Calabresi and Vikram Amar

Unitary Duality - Guests Steven Calabresi and Vikram Amar

he Supreme Court ruled in two cases framing Unitary Executive theory.  So it’s entirely appropriate that we have two great experts on the topic joining us.  Steve Calabresi literally wrote the book on...

8 Jul 1h 30min

Lincoln's Promise Kept

Lincoln's Promise Kept

America gets a 250th birthday present from the Supreme Court as Chief Justice John Roberts authors an opinion for the ages in Trump v. Barbara.  The Court went big and decided on the basis of the Cons...

2 Jul 1h 18min

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