Markets are crashing; freedom seems under siege; the international order is threatened. One man’s whim seems to be decisive. Where are the guardrails of our republic? We see some glimmers through the darkness, as some of the feedback mechanisms start to kick in. The constitutional order may be slow but it may not be completely in ruins. However, there is a threat, and we identify it in not one, but the sum of the actions the president has pursued. Many of these are unconstitutional; others may well be. The first step in protecting the republic from these threats is to identify them. We take that on and at least make a start; the task, in the end, however, will be up to the American people, as Project 2025 may fall to Project 2026.

President Trump likes being president. He doesn’t like the 22nd amendment so much, and has spoken, with increasing seriousness, of his conviction that he could remain president beyond the end of his second term. Various pundits have weighed in, some dismissively, others with grave declarations that Trump can accomplish this through constitutional contortions of one sort of another. Professor Amar, it turns out, has thought and written about this decades ago. We will take you through all the history; all the constitutional provisions - beyond the 22nd amendment alone; all the supposed workarounds,; and present you with a definitive understanding of the matter. Look to our episode number - 222 - for a preview of where we think it will come out. CLE credit is available for lawyers and judges from podcast.njsba.com.

We’re a bit late this week, because following our recent conversation with Justice Breyer, we had the opportunity to speak at length with Judge William Pryor, Chief Judge of the United States Court of Appeals for the 11th Circuit, former Alabama Attorney General, and an important member of the Judicial Conference the “national policymaking body for the federal courts.” Judge Pryor has had a colorful career, having effectively prosecuted another judge for misconduct, had a contentious confirmation hearing, clerked for a titan among judges in Judge Wisdom, and served at the highest level short of the Supreme Court for many years. We discuss a wide range of matters from judicial safety, to the importance of following Court orders, to enforcing civil rights laws, and much more. The discussion took place in two parts; with an audience of undergraduates, and then with an audience of Yale Law School students, many from the Federalist Society chapter at Yale; this produced a great variety of topics. We also have timely information on a new EverScholar program where registration is about to open; be among the first to know about this! CLE credit is available from podcast.njsba.com.