Shows
cmdX anDre Articles "Law of WE "podcastIs the Consumer Financial Protection Bureau Unconstitutional?On Tuesday, October 3, the Supreme Court heard oral arguments in Consumer Financial Protection Bureau v. Community Financial Services Association of America. Industry groups representing payday lenders brought a challenge arguing that the CFPB funding structure is unconstitutional under the Appropriations Clause. The outcome of the case could have big effects not just on the future of the CFPB itself, but on the economy, markets, and the future of the administrative state. In this episode, two leading constitutional law scholars and Supreme Court experts—Brianne Gorod of the Constitutional Accountability Center, and Professor Jennifer Mascott of the Antonin Scalia Law School— join...
2023-10-0645 min
We the PeopleIs the Consumer Financial Protection Bureau Unconstitutional?On Tuesday, October 3, the Supreme Court heard oral arguments in Consumer Financial Protection Bureau v. Community Financial Services Association of America. Industry groups representing payday lenders brought a challenge arguing that the CFPB funding structure is unconstitutional under the Appropriations Clause. The outcome of the case could have big effects not just on the future of the CFPB itself, but on the economy, markets, and the future of the administrative state. In this episode, two leading constitutional law scholars and Supreme Court experts—Brianne Gorod of the Constitutional Accountability Center, and Professor Jennifer Mascott of the Antonin Scalia Law Sc...
2023-10-0645 min
On The MeritsBreyer's Clerks Recall 'Happy Warrior'Justice Stephen Breyer is known for letting his flamboyant intellect shine on the bench. And, according to those who clerked for him, Breyer's personality outside of the courtroom was no different.It was reported earlier today that this will be the 27-year veteran of the Supreme Court's final term. To learn more about who Breyer is, we spoke with some of the attorneys who clerked for the Justice over the years.Breyer was described as someone with an insatiable, extroverted mind, who thrived on conversation—sometimes to a fault. Andrew Crespo, a former clerk and cu...
2022-01-2709 min
Cases and ControversiesBreyer's Clerks Recall 'Happy Warrior'Justice Stephen Breyer is known for letting his flamboyant intellect shine on the bench. And, according to those who clerked for him, Breyer's personality outside of the courtroom was no different.It was reported earlier today that this will be the 27-year veteran of the Supreme Court's final term. To learn more about who Breyer is, we spoke with some of the attorneys who clerked for the Justice over the years.Breyer was described as someone with an insatiable, extroverted mind, who thrived on conversation—sometimes to a fault. Andrew Crespo, a former clerk and cu...
2022-01-2709 min
Sphere PodcastShould the U.S. Supreme Court Overturn More Laws?In general, are most laws and regulations constitutional? Should the courts do more to enforce constitutional limits, or should they defer to the political branches unless there are blatant violations? Cato's Ilya Shapiro and the Constitutional Accountability Center’s Elizabeth Wydra are joined by participating moderator Jonathan Rauch of the Brookings Institution to explore the role of the Supreme Court when laws conflict with the U.S. Constitution.Learn More:"Crisis at the Supreme Court," by Ilya Shapiro"How the Supreme Court Undermines Its Own Legitimacy," by Ilya Shapiro"The Supreme Court: Too Important," by Il...
2019-12-1733 min
Impeachment, ExplainedWith obstruction of justice for allThis week kicked off the public phase of the impeachment inquiry. On Wednesday, we heard the testimonies of State Department officials Bill Taylor and George Kent and on Friday the testimony of former US Ambassador to Ukraine Marie Yovanovitch. Vox’s Andrew Prokop helps us break them down. Then, Brianne Gorod, the chief counsel for the Constitutional Accountability Center, helps us understand the term “obstruction of justice.” What does it mean? When does it apply? And has the president committed it? Plus: How Republicans are normalizing obstruction of justice in all of its forms -- and the...
2019-11-1642 min
We the PeopleCan the Trump Administration End DACA?Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week, the Supreme Court heard challenges to that decision and was faced with the questions: can the Court even review the decision to end DACA, since it was an action taken by the Department of Homeland Security, an executive branch agency? If it can, was the decision to rescind DACA legal? And is DACA itself legal and constitutional? Brianne Gorod of the Co...
2019-11-1449 min
cmdX anDre Articles "Law of WE "podcastCan the Trump Administration End DACA?Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week, the Supreme Court heard challenges to that decision and was faced with the questions: can the Court even review the decision to end DACA, since it was an action taken by the Department of Homeland Security, an executive branch agency? If it can, was the decision to rescind DACA legal? And is DACA itself legal and constitutional? Brianne Gorod of the Constitutional Ac...
2019-11-1449 min
We the PeopleCan the Trump Administration End DACA?Two years ago, the Trump administration decided to end Deferred Action for Childhood Arrivals (DACA) — a policy enacted under President Obama that deferred the deportation of undocumented people brought to the United States as children. Earlier this week, the Supreme Court heard challenges to that decision and was faced with the questions: can the Court even review the decision to end DACA, since it was an action taken by the Department of Homeland Security, an executive branch agency? If it can, was the decision to rescind DACA legal? And is DACA itself legal and constitutional? Brianne Gorod of the Co...
2019-11-1449 min
RTP's Fourth Branch PodcastDeep Dive Episode 82 – A Preview of County of Maui, Hawaii v. Hawaii Wildlife FundThe oral argument for County of Maui, Hawaii v. Hawaii Wildlife Fund was heard before the Supreme Court on November 6, 2019. The issue at hand is: "Whether the Clean Water Act requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater." This teleforum previews the major issues of the case. Featuring:Brianne Gorod, Chief Counsel, Constitutional Accountability CenterGlenn E. Roper, Attorney, Pacific Legal Foundation[Moderator] Prof. Donald Kochan, Parker S. Kennedy Professor in Law, Chapman UniversityVisit our website – www.Re...
2019-11-1252 min
Necessary & Proper PodcastNecessary & Proper Episode 45: Agency Rule-making: Unnecessary Delegation or Indispensable Assistance?On June 18, 2019, the Federalist Society's Article I Initiative and Regulatory Transparency Project hosted a panel on "Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?" at the National Press Club in Washington, DC.In his recent article, “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress,” published in the Texas A&M Law Review, Donald Kochan lays out the argument that delegation of authority to agencies serves the interests of both sides of Congress. Those ostensibly elected to oppose further regulation can argue that any proposed rule changes are out of their control. Conversely, representatives elected to incr...
2019-07-181h 25
FedSoc EventsAgency Rulemaking: Unnecessary Delegation or Indispensable Assistance?On June 18, 2019, the Federalist Society's Article I Initiative and Regulatory Transparency Project hosted a panel on "Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?" at the National Press Club in Washington, DC.In his recent article, “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress,” published in the Texas A&M Law Review, Donald Kochan lays out the argument that delegation of authority to agencies serves the interests of both sides of Congress. Those ostensibly elected to oppose further regulation can argue that any proposed rule changes are out of their control. Conversely, representatives elected to incr...
2019-07-101h 23RTP's Fourth Branch PodcastDeep Dive 63 – Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?On June 18, 2019, the Federalist Society's Article I Initiative and Regulatory Transparency Project hosted a panel on "Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?" at the National Press Club in Washington, DC.In his recent article, “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress,” published in the Texas A&M Law Review, Donald Kochan lays out the argument that delegation of authority to agencies serves the interests of both sides of Congress. Those ostensibly elected to oppose further regulation can argue that any proposed rule changes are out of their control. Conversely, representatives elected to i...
2019-07-101h 24
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and CultureJustices Clash over Death PenaltySean Marotta from Hogan Lovells (and #AppellateTwitter fame) joins Elizabeth Slattery to talk about the Supreme Court's death penalty decision and why the Kansas Attorney General's office will have a very busy summer. Elizabeth also chats with Brianne Gorod of the Constitutional Accountability Center about progressive originalism. Stay tuned for Supreme Trivia!Follow us on Twitter @scotus101 and send comments, questions, or ideas for future episodes to scotus101@heritage.org. And don't forget to leave a 5-star rating! Hosted on Acast. See acast.com/privacy for more information.
2019-04-0437 min
We the PeopleSupreme Court Term PreviewWe take a deep dive into the upcoming Supreme Court term, set to begin Monday, October 1, and explore forthcoming cases that involve everything from double jeopardy and excessive fines to cemeteries and endangered frogs. Host Jeffrey Rosen is joined by Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute, who both filed amicus briefs in many of the cases discussed, and filed jointly in one of this term’s key cases, Gamble v. United States.
2018-09-2756 min
We the PeopleSupreme Court Term PreviewWe take a deep dive into the upcoming Supreme Court term, set to begin Monday, October 1, and explore forthcoming cases that involve everything from double jeopardy and excessive fines to cemeteries and endangered frogs. Host Jeffrey Rosen is joined by Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute, who both filed amicus briefs in many of the cases discussed, and filed jointly in one of this term’s key cases, Gamble v. United States.
2018-09-2754 min
cmdX anDre Articles "Law of WE "podcastSupreme Court Term PreviewWe take a deep dive into the upcoming Supreme Court term, set to begin Monday, October 1, and explore forthcoming cases that involve everything from double jeopardy and excessive fines to cemeteries and endangered frogs. Host Jeffrey Rosen is joined by Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute, who both filed amicus briefs in many of the cases discussed, and filed jointly in one of this term’s key cases, Gamble v. United States.
2018-09-2753 min
TatterEpisode 26: A Mighty Pen, Part II (Another Discussion of the Kavanaugh Nomination)ABOUT THIS EPISODE
Judge Brett Kavanaugh currently sits on the U.S. Court of Appeals for the D.C. Circuit, but he's better known now as the more recent Supreme Court nominee by President Donald Trump, nominated to replace retired Associate Justice Anthony Kennedy. This is the second of two episodes focused on Kavanaugh's record and thinking, and the impact his addition would likely have on the Court.
I spoke with Jonathan Adler and Brianne Gorod. Adler is the Johan Verheij Memorial Professor of Law at the Case Western Reserve University School of Law, as well...
2018-09-0256 min
We the PeopleThe New Supreme CourtJeffrey Rosen leads a discussion about the nomination of Brett Kavanaugh, Justice Gorsuch’s first year on the Supreme Court, and what the future of the Court might look like. Brianne Gorod is the Constitutional Accountability Center’s chief counsel. She previously served as CAC’s Appellate Counsel.Elizabeth Slattery is a legal fellow and appellate advocacy program manager at the Meese Center for Legal and Judicial Studies and Institute for Constitutional Government at the Heritage Foundation. Questions or comments? We would love to hear from you. Contact the We the People team at pod...
2018-07-191h 07cmdX anDre Articles "Law of WE "podcastThe New Supreme CourtJeffrey Rosen leads a discussion about the nomination of Brett Kavanaugh, Justice Gorsuch’s first year on the Supreme Court, and what the future of the Court might look like. Brianne Gorod is the Constitutional Accountability Center’s chief counsel. She previously served as CAC’s Appellate Counsel. Elizabeth Slattery is a legal fellow and appellate advocacy program manager at the Meese Center for Legal and Judicial Studies and Institute for Constitutional Government at the Heritage Foundation. Questions or comments? We would love to hear from you. Contact the We the People team at podcast@constitutioncenter.org The National Constitution Center...
2018-07-191h 04
We the PeopleThe New Supreme CourtJeffrey Rosen leads a discussion about the nomination of Brett Kavanaugh, Justice Gorsuch’s first year on the Supreme Court, and what the future of the Court might look like. Brianne Gorod is the Constitutional Accountability Center’s chief counsel. She previously served as CAC’s Appellate Counsel.Elizabeth Slattery is a legal fellow and appellate advocacy program manager at the Meese Center for Legal and Judicial Studies and Institute for Constitutional Government at the Heritage Foundation. Questions or comments? We would love to hear from you. Contact the We the People team at pod...
2018-07-191h 07
We the PeopleWhat just happened at the Supreme Court?Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute break down the busy final days of the Court's 2016-2017 term.Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.We want to know what you think of the podcast! Email us at editor@constitutioncenter.org.Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate.Subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app.We the...
2017-06-2953 min
cmdX anDre Articles "Law of WE "podcastWhat just happened at the Supreme Court?Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute break down the busy final days of the Court's 2016-2017 term. Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr. We want to know what you think of the podcast! Email us at editor@constitutioncenter.org. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out th...
2017-06-2948 min
We the PeopleWhat just happened at the Supreme Court?Brianne Gorod of the Constitutional Accountability Center and Ilya Shapiro of the Cato Institute break down the busy final days of the Court's 2016-2017 term.Continue today’s conversation on Facebook and Twitter using @ConstitutionCtr.We want to know what you think of the podcast! Email us at editor@constitutioncenter.org.Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate.Subscribe to We the People and our companion podcast, Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app.We the...
2017-06-2953 minWe the PeopleHas President Trump violated the Emoluments Clause?Brianne Gorod of the Constitutional Accountability Center and Andy Grewal of the University of Iowa discuss questions about the President's business operations.Get the latest constitutional news, and continue the conversation, on Facebook and Twitter.We want to know what you think of the podcast! Email us at editor@constitutioncenter.org.Please subscribe toWe the Peopleand our companion podcast,Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app.We the People is a member of Slate’s Panoply network. Check out the full roster at Panoply.fm.
2017-01-2650 minWe the PeopleHas President Trump violated the Emoluments Clause?Brianne Gorod of the Constitutional Accountability Center and Andy Grewal of the University of Iowa discuss questions about the President's business operations.Get the latest constitutional news, and continue the conversation, on Facebook and Twitter.We want to know what you think of the podcast! Email us at editor@constitutioncenter.org.Please subscribe toWe the Peopleand our companion podcast,Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app.We the People is a member of Slate’s Panoply network. Check out the full roster at Panoply.fm.
2017-01-2650 mincmdX anDre Articles "Law of WE "podcastHas President Trump violated the Emoluments Clause?Brianne Gorod of the Constitutional Accountability Center and Andy Grewal of the University of Iowa discuss questions about the President's business operations. Get the latest constitutional news, and continue the conversation, on Facebook and Twitter. We want to know what you think of the podcast! Email us at editor@constitutioncenter.org. Please subscribe toWe the Peopleand our companion podcast,Live at America’s Town Hall, on iTunes, Stitcher, or your favorite podcast app. We the People is a member of Slate’s Panoply network. Check out the full roster at Panoply.fm. Despite our congressional charter, the National Constitution Center is a...
2017-01-2646 min
Oral ArgumentEpisode 97: FactyWhen interpretations and rules depend on what’s true about the world (so, all the time), judges have to reach conclusions about those truths. But courts are not exactly like administrative agencies or legislatures, and they depend on adversarial parties to contest the truth. The Supreme Court, in particular, has come to rely on an elite bar to organize and present facts and studies. Having been through our usual vetting process of successfully appearing on the Colbert Report, Alli Larsen is ready for the big time and joins us to discuss how courts deal with the problem of factiness (wh...
2016-05-131h 05
Amicus With Dahlia Lithwick | Law, justice, and the courtsContra ObamaDahlia previews United States v. Texas – this week’s big immigration case – with Brianne Gorod of the Constitutional Accountability Center. She also hears from Sen. Al Franken about the latest in the standoff over Obama’s SCOTUS nominee, Merrick Garland.You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Amicus is sponsored b...
2016-04-1635 minAmicus With Dahlia Lithwick | Law, justice, and the courtsContra ObamaDahlia previews United States v. Texas – this week’s big immigration case – with Brianne Gorod of the Constitutional Accountability Center. She also hears from Sen. Al Franken about the latest in the standoff over Obama’s SCOTUS nominee, Merrick Garland.You can listen to past episodes of Amicus here. Transcripts of Amicus are available to Slate Plus members. Consider signing up today! Members get bonus segments, exclusive member-only podcasts, and more. Sign up for a free trial today here. Please let us know what you think of Amicus. Our email is amicus@slate.com. Amicus is sponsored b...
2016-04-1633 minOral ArgumentEpisode 74: Minimum CuriosityShould judges surf the web to scrutinize the truth of facts in front of them? With Amanda Frost, we discuss a recent case in which Judge Posner did just that. Some basic internet research cast serious doubt on a prison doctor’s medical opinion suggesting a prisoner did not need Zantac before meals to control a serious esophageal condition. While the websites Posner visited and cited did not control the outcome, they supported his conclusion that the evidence in the district court was insufficient to throw out the prisoner’s case.
This show’s links:
Amanda Frost’...
2015-09-111h 17