10 years after Professor Amar wrote, with Gary Hart, on how the Senate can put an end to the filibuster, it remains (mostly) in place. Akhil and Andy take you through the long history of this notorious practice, from the pre-Constitutional theories and practices, through the many misdeeds of the post-Civil War and 20th century periods, to today where the filibuster looms large but also is threatened with extinction. Professor John Fabian Witt joins the conversation with unique insights into the origins of the “modern” filibuster, how it was employed to thwart anti-lynching as well as major civil rights legislation. What is now rule 22 (“catch-22”) is not so entrenched, not so consistent with the Senate’s mission, as many have thought. Thanks again to EverScholar (everscholar.org) for sponsoring “Amarica’s Constitution.”
SCOTUScast - Florida v. Georgia – Post-Decision SCOTUScast
On April 1, 2021, the Supreme Court decided Florida v. Georgia, an ongoing case of original jurisdiction involving Florida’s desire to limit the amount of water that Georgia uses in the Apalachicola-Chattahoochee-Flint River Basin.
Justice Barrett, writing for the 9-0 majority, dismissed the case, holding that Florida failed to establish that Georgia’s overconsumption of interstate waters was either a substantial factor contributing to, or the sole cause of, Florida’s injuries.
Tony Francois, Senior Attorney at the Pacific Legal Foundation, joins us today to discuss the court’s decision in this case.
Justice Barrett, writing for the 9-0 majority, dismissed the case, holding that Florida failed to establish that Georgia’s overconsumption of interstate waters was either a substantial factor contributing to, or the sole cause of, Florida’s injuries.
Tony Francois, Senior Attorney at the Pacific Legal Foundation, joins us today to discuss the court’s decision in this case.
Opening Arguments - OA481: Sanctions Motion Obliterates Sidney Powell
Governor Tony Evers is not messing around when it comes to Sidney Powell's evidence-free conspiracy nonsense. He has filed a motion for sanctions that just demolishes Powell for being a total hack, liar, and terrible lawyer. It's magnificent, and Andrew breaks it down for us! After that, we've got some follow up on Uzuegbunam v Preczewski (the one where Andrew sided with John Roberts.) Was Andrew wrong? Find out!
Strict Scrutiny - Tsunami of Slime
Leah and Kate are joined by Sen. Sheldon “Whiteboard” Whitehouse to discuss the courts subcommittee hearing on dark money and how the topic of the hearing relates to the Court’s upcoming case in Americans for Prosperity Foundation v. Becerra/Thomas More Law Foundation v. Becerra.
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes
Amicus With Dahlia Lithwick | Law, justice, and the courts - Why Are Republicans Upset About Corporate Free Speech All of a Sudden?
Dahlia Lithwick is joined by Professor Ciara Torres-Spelliscy, a Brennan Center fellow and professor at Stetson University, to discuss how, when it comes to corporate influence over politics, money talks - but should it actually speak? From Georgia boycotts to campaign finance, and Mitch McConnell’s apparent new take on Citizens United.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss Justice Clarence Thomas’ anti-big-tech energy, why progressives need to stop pressuring Justice Stephen Breyer to retire, the rising tide of anti-trans bills around the country, and Joe Biden’s Presidential Commission on the Supreme Court of the United States.
Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
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Amicus With Dahlia Lithwick | Law, justice, and the courts - Why Are Republicans Upset About Corporate Free Speech All of a Sudden?
Dahlia Lithwick is joined by Professor Ciara Torres-Spelliscy, a Brennan Center fellow and professor at Stetson University, to discuss how, when it comes to corporate influence over politics, money talks - but should it actually speak? From Georgia boycotts to campaign finance, and Mitch McConnell’s apparent new take on Citizens United.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to discuss Justice Clarence Thomas’ anti-big-tech energy, why progressives need to stop pressuring Justice Stephen Breyer to retire, the rising tide of anti-trans bills around the country, and Joe Biden’s Presidential Commission on the Supreme Court of the United States.
Sign up for Slate Plus now to listen and support our show.
Podcast production by Sara Burningham.
Hosted on Acast. See acast.com/privacy for more information.
Opening Arguments - OA480: Why Both Sides of the Chauvin Trial Cite Graham v. Connor
Today's show has everything you want from an OA episode! We start with some follow-up on the Originalism episodes. Second is a fascinating mini dive into Graham v. Connor and why both the defense and the prosecution of the Derek Chauvin Trial are citing it. Finally, we squeeze in an amazing wildcard segment about Jordan Peterson being Red Skull in the new Captain America comics!
Amarica's Constitution - The Purpose of the Truth – Special Guest Bob Woodward
Akhil and Andy welcome “the greatest reporter of all time” - Bob Woodward - to Amarica’s Constitution. Fresh off his 19th book and 14th number one best-seller, “Rage” - having reported on nine presidents - a discussion of the Presidency would seem to be in order. Anecdotes and insights flow, and Akhil even gets in some queries on the Supreme Court. Remember Butterfield and the tapes? Here's a revelation about Woodward's own records.
Opening Arguments - OA479: No, Judges Should NOT Be Originalists, Part 2
A recent episode of the Rationally Speaking Podcast featured Originalist Law professor William Baude arguing for why judges should be originalist. Needless to say, it was not a good case and strawman arguments abounded. Andrew is here to give us part 2 of the deep-dive that will set the record straight on why originalism is still bad.
Strict Scrutiny - Sausage Fest
“Live” from Yale Law’s ACS chapter, Leah and Kate recap the end of the March sitting, break down recent opinions, and kvell over some court culture -- the first batch of judicial nominees from the Biden administration!
Get tickets for STRICT SCRUTINY LIVE – The Bad Decisions Tour 2025!
- 6/12 – NYC
- 10/4 – Chicago
Learn more: http://crooked.com/events
Order your copy of Leah's book, Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes