Speaking the Law

Speaking the Law

The Birthright Citizenship case reached the Supreme Court - sort of. The Court ruled on the executive branch’s request for a stay in response to nationwide injunctions issued by three different circuit courts, where the executive order purporting to alter more than a century’s practice regarding the Constitution’s guarantee of birthright citizenship was blocked by these courts. In doing so the Court declined - that is, the majority declined - to address the merits. Still, the nationwide injunction issue was addressed - at least for now.. Akhil takes the Court to task for avoiding the merits, and he offers numerous ways by which this could have been - should have been - done. He also presents a new approach that litigants in these cases might consider as they deal with various tactics the government may employ in the service of an executive order they may not expect to be upheld. Along the way Akhil offers some suggestions for consequences that might be faced by the executive officials, maybe not in our government as currently functioning, but at least in theory. There’s a lot here even if what is most notable for many of us is what the Court has left hanging. CLE credit is available for lawyers and judges from podcast.njsba.com.

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Avsnitt(279)

Scrip for Scripture on the National Mall

Scrip for Scripture on the National Mall

After weeks of tracing the background history and constitutional principles at work on religious establishment, free exercise, and equality issues, the Administration on cue sponsors, holds, staffs, a...

20 Maj 1h 22min

JFK's Wall

JFK's Wall

Our journey through the centuries of religious practice, attitudes, and constitutionalism has reached the 20th century, when several presidential elections set mileposts for the American religious deb...

13 Maj 1h 13min

Fourteen Colonies, Ten Commandments

Fourteen Colonies, Ten Commandments

As the 10 commandments case makes its way towards the Supreme Court, we add another chapter to our study of the historical events and factors that went into the American constitutional tradition when ...

6 Maj 1h 35min

Remember the Alamo Heights

Remember the Alamo Heights

We continue to trace the historical origins of the constitution’s approach to religion in American government and American life.  We take you on a tour around Europe at the time of the Reformation and...

29 Apr 1h 40min

Popes and Presidents

Popes and Presidents

The President has picked a fight with the Bishop of Rome, Pope Leo X.  Putting aside some of the distasteful elements of language and hubris, we ask where this fits in with notions of church and state...

23 Apr 1h 35min

Last Branch Stands, The Barbara Court Sits - Special Guest Sarah Isgur

Last Branch Stands, The Barbara Court Sits - Special Guest Sarah Isgur

This week it’s Attorney Cecilia Wang’s turn, as she appears before the Supreme Court to defend birthright citizenship in the Trump v. Barbara case, and we continue to analyze clips of the oral argumen...

15 Apr 1h 42min

New World, Same Constitution

New World, Same Constitution

Trump v. Barbara - the birthright citizenship case - reaches the Supreme Court, and we are there.  Akhil and Andy are at the oral argument, and immediately afterwards we stand outside the courthouse a...

8 Apr 2h 6min

Crib Sheets for Barbara

Crib Sheets for Barbara

On the eve of the oral argument in Trump v. Barbara, we offer you a listener’s guide to the spectacle.  What is the essence of the argument?  What are the hard questions for Solicitor General Sauer, r...

1 Apr 1h 7min

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