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 substantive due process back to center stage. And because we are who we are, we take a look ourselves at some more aspects of - what else? - the birthright citizenship case. Learn what the future holds for our listeners, as we bring you what we always have, and more. Attorneys and judges can gain CLE credit from podcast.njsba.com.

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 happen when the argument begins, we give you a taste in this unusual episode.

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 Doctrine, why it applies to this case, and even more importantly, why it attempts to support significant structural features of the Constitution. We pay particular attention to the concurring opinion by Justice Gorsuch, which offers the most in-depth theoretical explanation for this Doctrine and attempts to lay a foundation for its future use. Meanwhile, the significance of the opinion as a rebuke to Trump, and as a reassertion of the Court’s credibility, is also discussed. CLE credit is available for lawyers and judges from podcast.njsba.com.