The US enters a violent part of the world once again, as Iran’s nuclear facilities are bombed. The President orders this without consulting Congress; indeed without asking for, much less receiving a declaration of war. Does the Constitution require this? What has past practice been? What was true at the founding? Has it changed over the centuries? Many twists and turns to the reasoning emerge as we explore this largely indefinite area of Constitutional Law. Meanwhile, Akhil gives a speech on the Revolution and the Constitution which sounds surprisingly relevant at this time. CLE credit is available for lawyers and judges from

Former Justice Breyer returns to Amarica’s Constitution with reflections on his long-time colleague and, yes, his friend, in a rare opportunity to hear about relationships on the Court. Meanwhile, former Souter clerk and current Professor at Penn Carey Law School, Kermit Roosevelt, looks back on the clerkship as well as at the threads that have emerged in the law and in his career from Justice Souter’s insights and methodology. And Nadine Strossen, long-time president of the ACLU as well as dear friend to Justice Souter explores many of the first amendment and other cases that Justice Souter had profound things to say, often in dissent. This is a powerhouse episode, but a tender one. CLE credit is available for lawyers and judges from podcast.njsba.com.

The Supreme Court left lower courts somewhat in the lurch in its recent Bruen decision; last year, in Rahimi, it attempted to clarify matters. Now an assault weapons case reaches the Court, Snope v. Brown, but the Court declines to hear it. Nevertheless, Justice Kavanaugh, though agreeing with the denial of cert, writes a commentary which calls for another, unspecified case to be heard in the near future, and he gives an indication of how he might approach it. We see this as in line with earlier writing he did in Bruen, but there are many unanswered questions in what seems like an intention to utilize a straightforward reasoning. We raise many of these questions, and in doing so, offer our readers a look back at the path gun cases have taken to get to this point, and a look ahead in the hope that some of these heretofore unresolved issues are given their due; that the Justices "count to ten," before the Court takes what might be too headstrong a path forward. Lawyers and judges can obtain CLE credit by visiting podcast.njsba.com after listening.