The President has picked a fight with the Bishop of Rome, Pope Leo X. Putting aside some of the distasteful elements of language and hubris, we ask where this fits in with notions of church and state in a democracy. What is the constitutional doctrine - is it “separation?” Where does it come from, historically and legally? A general theory of such things can help us make sense - well, maybe not of everything that is said these days, but perhaps of the numerous cases that are percolating to and arriving at the Supreme Court. And in a special treat, we continue our conversation with Sarah Isgur on her new book, Last Branch Standing, and look more deeply at the patterns of judicial behavior that have emerged from several of the justices, among other things.

This week it’s Attorney Cecilia Wang’s turn, as she appears before the Supreme Court to defend birthright citizenship in the Trump v. Barbara case, and we continue to analyze clips of the oral argument. Meanwhile, we are joined by the host of the popular Advisory Opinions podcast: Sarah Isgur, who has written a new book that will be published, well, today. Last Branch Standing takes us inside the Supreme Court from the life of a clerk to a tour of the Court’s history to a statistical analysis of voting patterns on the Court - which are far more complex than is commonly thought. You can’t help but know more after this episode than you did coming in! CLE credit available from podcast.njsba.com.

Trump v. Barbara - the birthright citizenship case - reaches the Supreme Court, and we are there. Akhil and Andy are at the oral argument, and immediately afterwards we stand outside the courthouse and you hear (and see, from the linked video) the emotions that affected not only your hosts, but no doubt the justices themselves as the case unfolded. Then it’s off to the audiotape, as we play the clips of the Justices and the advocates, and Akhil does his Howard Cosell imitation, analyzing the arguments as you hear them. Given the Professor’s status as the author of an amicus brief in the case, a brief the Solicitor General chose to take on in his own reply brief, the perspective this episode offers our audience - you - is unique. So with the arguments of the advocates; the questions of the justices; and the knowledge of the amicus, you will know as much as anyone and be in the best position to assess the case as a whole - after listening to this special episode and those to follow. And as always, CLE credit is available from podcast.njsba.com.