Preclearing the President

Preclearing the President

August 19, 2026 · 1h 14m · Season 6 · Episode 292

About this episode

The episode discusses the implications of presidential actions following court losses, particularly in relation to tariffs and birthright citizenship, drawing parallels to historical cases.

What happens when the president loses in court, even at the Supreme Court, but repeatedly attempts to fight the battle again? New tariffs are offered after the old ones are thrown out. Birthright citizenship, resoundingly affirmed, is challenged anew. To Americans who lived in the South after Brown v. Board, this might sound familiar. And indeed, as we wrap up our Roberts court constitutional survey, and we arrive at the cases we take great issue with, this theme echoes back to the Shelby County case. We therefore discuss a question that has rankled many Americans in recent years. CLE credit is available for lawyers and judges from podcast.njsba.com.

People in this episode

Host: Akhil Reed Amar

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Mentioned in this episode

Organizations: Supreme Court

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