Month: January 2024

The “brothers-in-law” Vik and Akhil Amar have filed an amicus brief in Trump v. Anderson et al.  The brief contains a dramatic historic episode that you almost certainly knew nothing about, and which is highly relevant - perhaps decisive - to the case.  Prepare to be amazed by this story of the “First Insurrection,” which preceded and was distinguishable from the Civil War itself, and which makes clear the certain intent of the framers and ratifiers of the Fourteenth Amendment - and the course the Supreme Court should take in this case. This, and the episodes to follow, may be the most important episodes we have offered in the more than three years of this podcast. CLE credit is available from podcast.njsba.com.

The immigration fight on the U.S. - Mexico border keeps getting uglier - not between the U.S. and its southern neighbor, Mexico, but between the federal government and a Texas administration apparently unconcerned by constitutional supremacy. Earlier this month, members of the Texas Military Forces took over a public park in Eagle Pass, TX at the behest of Gov. Greg Abbott. The park, on the banks of the Rio Grande, is near a frequently used border crossing. Last weekend, Texas forces blocked Federal Border Patrol agents from reaching a woman and two children who had drowned trying to cross the river into the United States.  

The move by Abbott is certainly shocking, but it’s an example of ways the state is trying to intervene in federal police powers and responsibilities. In a series of increasingly urgent filings, the Justice Department is pleading with the Supreme Court to intervene to let Federal agents enforce Federal laws. 

Rochelle Garza, president of the Texas Civil Rights Project, joins the show to discuss how the cruelty of Abbott’s approach is undermining Texas communities and creating a constitutional crisis that may originate in Texas, but will not remain there. 

Dahlia is joined by SCOTUS-whispering wingman Mark Joseph Stern in today’s Slate Plus segment to discuss why the High Court’s response to Texas’ game of chicken with the Feds is so dangerously sluggish. Next, they explore the oral arguments in the big Chevron-overturning vehicle that is Loper Bright, a case that was supposed to be about fishermen but is actually about overturning tens of thousands of agency law decisions and grabbing power from the elected branches and handing it to the judiciary.  

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