What the Oral Argument Should Have Said

What the Oral Argument Should Have Said

EARLY UPLOAD - The Supreme Court heard oral arguments in Trump v. Anderson on Thursday, and we were so alarmed by the errant direction they took that we decided to take to the air early. Here are key clips from the argument dissected - exposed, really - to reveal the mistaken representations of the meaning of certain cases; the ignoring of key facts which then distort others; the absence of key lines of argument; and the danger that the Court may be headed for another debacle on the scale of Bush v. Gore. Professor Amar “slows everything down” so the sometimes subtle misdirection that a fast-paced oral argument can induce is neutralized, creating clarity that we can only hope some Justice or some clerk sees in time. This episode is posted 4 days early for this reason, and next week’s will follow later this week as well. CLE credit is available from podcast.njsba.com beginning Monday, February 12.

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Episoder(293)

An Amendment Like Some Others - Special Guest Vikram D. Amar

An Amendment Like Some Others - Special Guest Vikram D. Amar

Voting rights are in the news.  The state and federal governments have sought to weigh in and intervene on election laws, as we have seen in previous cycles.  This time, a number of states have passed...

26 Aug 1h 21min

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Preclearing the President

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There You Go Again

There You Go Again

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Dobbs and Bruen Plus Time

Dobbs and Bruen Plus Time

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Faces of Intratextualism

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29 Jul 1h 23min

The Surprising Score

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23 Jul 1h 22min

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

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