Advisory Opinions

Class in Session: Jurisdiction Stripping

May 9, 2024 · 1 hr 12 min
0:00-1:12:17

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Eleventh Circuit Judge Kevin Newsom takes over the role as professor to teach Sarah and David the implications of jurisdiction stripping and the balance of power between the branches of government. We’ll sum the lesson up as … Congress, do your job.

The Agenda:

Judges say they won’t hire from Columbia Law School

Explaining the exceptions clause

—Constraints over jurisdiction stripping by Congress

Marbury powers

—Congress taking a more active role in constitutional interpretations

Show Notes:

David for the NYT: The Magic Constitutionalism of Donald Trump

Felker v. Turpin

Sheldon v. Sill

Judge Newsom's mention of Bruen in the AO episode from June 2022

Judiciary Act of 1979

Akhil Amar's two-tier theory of jurisdictions

Daniel Epps' article in Columbia Law Review

Monday’s AO podcast

Henry Hart’s dialogue with self in the Harvard Law Review

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