Count to Ten

Count to Ten

The Supreme Court left lower courts somewhat in the lurch in its recent Bruen decision; last year, in Rahimi, it attempted to clarify matters. Now an assault weapons case reaches the Court, Snope v. Brown, but the Court declines to hear it. Nevertheless, Justice Kavanaugh, though agreeing with the denial of cert, writes a commentary which calls for another, unspecified case to be heard in the near future, and he gives an indication of how he might approach it. We see this as in line with earlier writing he did in Bruen, but there are many unanswered questions in what seems like an intention to utilize a straightforward reasoning. We raise many of these questions, and in doing so, offer our readers a look back at the path gun cases have taken to get to this point, and a look ahead in the hope that some of these heretofore unresolved issues are given their due; that the Justices "count to ten," before the Court takes what might be too headstrong a path forward. Lawyers and judges can obtain CLE credit by visiting podcast.njsba.com after listening.

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Episoder(279)

Created to Born to Barbara

Created to Born to Barbara

Akhil and Andy visit a high school in Garden City, NY, to speak with outstanding high school students about Born Equal.  In the process, we trace one of America’s great credos - “All Men Are Created E...

25 Mar 58min

A Brief Ecosystem

A Brief Ecosystem

We’ve been mentioning the birthright citizenship case, Trump v. Barbara, and Professor Amar’s amicus brief in the case.  Now we begin to analyze it in depth.  We begin with the structure of the brief;...

18 Mar 1h 15min

Substantive Expansion - with Advisory Opinions and Divided Argument

Substantive Expansion - with Advisory Opinions and Divided Argument

Amarica’s Constitution has joined with two other great podcasts! We’re still ourselves, but today we bring all three podcasts together to look at a recent case, Mirabelli v. Bonta, which brings substa...

11 Mar 1h 20min

Attorney Amar's Opening Argument

Attorney Amar's Opening Argument

In this shorter-than-usual episode, you are now a Supreme Court clerk getting ready for the Trump v. Barbara case.  What do you do?  What do you read? We guide you. And as we think about what will hap...

4 Mar 28min

Tariffs Are A Major Question - Special Guest Vikram Amar

Tariffs Are A Major Question - Special Guest Vikram Amar

The Court has ruled Trump’s so-called reciprocal tariffs unconstitutional.  Vik Amar, who offered important theories that appeared prominently in the opinion, joins us to explain the Major Questions D...

27 Feb 1h 22min

Pillorying the Post

Pillorying the Post

Jeff Bezos emasculated the Washington Post; now he has virtually killed it.  Why?  And what does this mean for the nation?  What is the importance of major newspapers to the American constitutional sy...

18 Feb 1h 21min

Converse-1983 Is A Thing

Converse-1983 Is A Thing

It’s becoming apparent that the theory that Professor Amar put forth 40 years ago in a now-famous law review article, Of Sovereignty And Federalism, is being taken seriously by more and more legislatu...

12 Feb 1h 12min

A Virtuous Republic, If You Can Keep It

A Virtuous Republic, If You Can Keep It

In a wide-ranging episode, we finish looking back - and in doing so, we look into the near future as well.  The birthright citizenship case will be heard in oral argument on April 1, and we go back to...

4 Feb 1h 9min

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