Unrehearsed Answers

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 Constitution, not merely the Congressional statutes, that Abraham Lincoln's wish for the nation, birthright citizenship, which gives rise to the chance for birth equality and therefore the "new birth of freedom" Lincoln bequeathed us, will live on - and will have its best chance to endure.  We look deeply into the opinion to find the great themes the Chief Justice, joined by four women, sounds.  And what about the arguments made on this podcast in recent months?  Can they be found in the opinion, and if so, do they strengthen it?  Join us for a close look. Lawyers and Judges are eligible for Continuing Legal Education credit by visiting podcast.njsba.com after listening.

In the wake of our recent discussion on private vs state action, a recent incident in New York regarding US Representative Dan Goldman’s banishment from a coffee shop because of his political stance brings these issues home, with additional questions related to public accommodations and more.  Meanwhile, the Supreme Court faced some of these similar issues in the case of Wolford v. Lopez, decided the day we record this, as well as a host of 14th amendment questions that are at once familiar and yet fresh for listeners to this podcast. CLE is available for lawyers and judges from podcast.njsba.com.

The tributes to Gordon Wood have been pouring in, and as promised, we spend this episode with him and his peerless body of work.  Professor Steven Calabresi, Gordon’s neighbor, friend, and colleague, joins us, and how appropriate that is, as Steve and Akhil produced a tribute weekend at Yale Law School that reviewed and celebrated his lifetime of work.  Now we remember the man, the teacher, and most of all, the towering scholar, as we review some of his most important ideas, his methods, and his inspiration for so many who have read, and who will read, the greatest books ever written about the American founding period.  A giant has been lost, but his memory will be a blessing for many generations to come.  CLE credit is available for lawyers and judges from podcast.njsba.com.

There’s some highly questionable behavior going on in an area of Missouri, where a fringe group seeks to establish a whites-only enclave.  Objectionable?  We think so.  Unconstitutional?  Therein lies an opening to a whole host of questions.  Government action versus private action.  When is private action beyond private purview?  When does state action overlap into private domains, and where are the lines?  Where do these rules come from?  How can we think about new issues that may arise?  Akhil has thought about this, and written about it, so now we offer you a framework to think about such questions as they arise, now and in the future.  And, sadly, a giant was lost this week.  We offer some thoughts, with more to come.  CLE credit is available for lawyers and judges from podcast.njsba.com.

It is an honor to introduce the initial episode of our new sister podcast: The Blessings of Liberty, hosted by Jeffrey Rosen, president emeritus of the National Constitution Center and Professor of Law at GW.  Prof. Rosen begins with a bang, as he holds a discussion with US Supreme Court Justice Neil Gorsuch, including two books newly authored or contributed to by Justice Gorsuch.  We precede this with our own interview of Jeff Rosen, discussing the mission of his new podcast and his special passion for history, the Constitution, and the American idea.  Meanwhile, listen, too, for a special EverScholar opportunity for our loyal podcast audience.  CLE credit is available for lawyers and judges from podcast.njsba.com.

It’s time for listener questions, and no surprise that current events are on everyone’s mind.  We range from the supposed weaponization slush fund, to pardons;  illegal military orders; simultaneous office holding; and lots of converse-1983 discussion.  And Professor Amar looks at a possible error in one of his books.  Great questions from a great audience, and Akhil answers them without prep, on the spot.  CLE credit is available for lawyers and judges from podcast.njsba.com.

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, and headlines a “Rededication 250: A National Jubilee Of Prayer, Praise & Thanksgiving,” complete with a virtually all-Christian (one Jew) speaker roster, a White House website, money from Congress’ apportionment of funds for the 250th anniversary of the Declaration commemorations, and a drumbeat of emphasis of supposedly American Christian traditions.  We take it slowly and look at how it fits into the constitutional rubrics that we have examined.  Meanwhile, it’s the Yale Commencement, and Akhil has commentary on the main speaker.  And a number of news developments harken back to our podcasts past - how did we do?  CLE credit is available for lawyers and judges from podcast.njsba.com.

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 debate.  The first major party Catholic candidate, Al Smith, met the worst sort of vitriol and prejudice, and was destroyed by it.  This cast a shadow over the later campaign of John F. Kennedy, and he answered it in a speech that we analyze and place in context, even as we thrill to the great man’s voice one more time.  We then trace a line from that speech, through several Supreme Court memberships, to the American cultural and constitutional religious landscape as the 21st century dawns.  Fittingly, perhaps, one of the jurists who has been prominent on this issue, Justice Thomas, celebrates a milestone on the Court.  CLE is available for lawyers and judges from podcast.njsba.com.

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 it comes to religious freedom, religious establishment, and the relationship of government and religion as a whole.  We begin this episode where The Words That Made Us began - in 1760.  We take it forward through the revolutionary period, into the Articles and the Constitution and the Bill of Rights, and then wind up with the Civil War and Reconstruction, leaving us poised at last to take a serious look at what the Fifth Circuit thought it was doing, and what it actually was doing, when it allowed a law to stand that mandates posting of the Ten Commandments in every classroom.  CLE credit is available for lawyers and judges from podcast.njsba.com.

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 for centuries beyond, all the way to American migration.  All this is remarkably relevant to recent events, as the Alamo Heights/Ten Commandments case comes to a head. Meanwhile, Sarah Isgur returns for a third helping - or is it grilling? - as we continue to discuss her recent book and it finds its way onto the best-seller list.  Individual justices are discussed along with much more.  CLE credit is available for lawyers and judges from podcast.njsba.com.