Akhil Reed Amar
Akhil Reed Amar (born September 6, 1958) is an American legal scholar known for his expertise in constitutional law and criminal procedure. He holds the position of Sterling Professor of Law and Political Science at Yale University, and is an adjunct professor of law at Columbia University.[1] In 2008, a Legal Affairs poll placed Amar among the top 20 contemporary American legal thinkers.[2]
Akhil Amar | |
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![]() Amar in 2011 | |
Born | Akhil Reed Amar September 6, 1958 Ann Arbor, Michigan, U.S. |
Nationality | American |
Title | Sterling Professor (2008–present) |
Spouse | Vinita Parkash (m. 1989) |
Relatives | Vikram Amar (brother) |
Awards | American Academy of Arts and Sciences (2007) |
Academic background | |
Alma mater | Yale University (BA, JD) |
Influences | Stephen Breyer |
Academic work | |
Discipline | Constitutional law |
Institutions | Yale University Columbia University University of Pennsylvania |
Notable students |
Early life and education
Amar was born in Ann Arbor, Michigan, where his parents were medical students from India studying at the University of Michigan. His parents later became U.S. citizens.[3] He has two brothers, one of whom, Vikram Amar, also became a law professor and serves as dean of the University of Illinois College of Law.[4] Amar graduated from Las Lomas High School in Walnut Creek, California, in 1976.[5]
Amar attended Yale University, where he double majored in history and economics. He was a member of the Yale Debate Association and won its Thacher Memorial Prize, as well as Yale's Louis Laun Award for excellence in economics. Amar graduated from Yale in 1980 with a Bachelor of Arts, summa cum laude. He then attended Yale Law School, where he was an editor of the Yale Law Journal and graduated with a Juris Doctor in 1984.
After law school, Amar clerked from 1984 to 1985 for Judge Stephen Breyer of the U.S. Court of Appeals for the First Circuit, who later became a U.S. Supreme Court Justice. He interviewed for a clerkship on the United States Supreme Court with Justice John Paul Stevens, but was not offered the role.
Academic career
In 1985, Amar joined the faculty of the Yale Law School, where he has remained ever since. He is the author of numerous publications and books, most recently The Words That Made Us: America's Constitutional Conversation, 1760-1840. Justices across the spectrum on the Supreme Court have cited his work in more than 45 cases—tops among scholars under age 65. In surveys of judicial citations and/or scholarly citations, he typically ranks among America’s five most-cited mid-career legal scholars.
Amar was a consultant to the television show The West Wing, on which the character Josh Lyman refers to him in an episode in Season 5.[6]
Amar has repeatedly served as a Visiting Professor of Law at Pepperdine School of Law and at Columbia Law School and was recently a visiting professor at University of Pennsylvania Law School. He has also lectured for One Day University. He was elected a fellow of the American Academy of Arts and Sciences in 2007.[7]
In 2008, U.S. presidential candidate Mike Gravel said that he would name Amar to the Supreme Court if elected president.[8]
Amar, a self-described liberal, has since engaged in advocacy considered controversial amongst progressive outlets, bloggers, and professors.[9][10][11][12][13][14] He has argued in favor of Brett Kavanaugh's appointment to the court[15] and has argued that overturning Roe v. Wade would not impact other privacy rights.[16]
He co-hosts a weekly podcast, Amarica’s Constitution, with a fellow Yale alumnus, Andy Lipka.
Books
- The Constitution and Criminal Procedure: First Principles (1997) ISBN 0-300-06678-3
- For the People (with Alan Hirsch) (1997) ISBN 0-684-87102-5
- The Bill of Rights: Creation and Reconstruction (1998) ISBN 0-300-07379-8
- Processes of Constitutional Decisionmaking (ed. with Paul Brest, Sanford Levinson, and Jack M. Balkin), (2000) ISBN 0-7355-5062-X
- America's Constitution: A Biography (2005) ISBN 1-4000-6262-4
- America's Unwritten Constitution: The Precedents and Principles We Live By (2012) ISBN 978-0-465-02957-0
- The Bill of Rights Primer: A Citizen's Guidebook to the American Bill of Rights (with Les Adams) (2013) ISBN 978-1-62087-572-8
- The Law of the Land: A Grand Tour of Our Constitutional Republic (2015) ISBN 978-0-465-06590-5
- The Constitution Today: Timeless Lessons for the Issues of Our Era (2016) ISBN 978-0-465-09633-6
- The Words that Made Us: America's Constitutional Conversation, 1760-1840 (2021) ISBN 978-0-465-09635-0
References
- Tam, Derek (November 7, 2008). "Amar Earns Sterling Rank". Yale Daily News. Retrieved March 4, 2015.
- "Who Are the Top 20 Legal Thinkers in America?". Legal Affairs. Retrieved July 4, 2008.
- "Akhil Reed Amar: "America's Unwritten Constitution"". The Diane Rehm Show. Washington, DC. September 13, 2012. National Public Radio. WAMU. Transcript.
- "Vikram David Amar". University of Illinois College of Law. 2016. Retrieved March 23, 2016.
- "Obama Names Yale Professor to Key Administration Post". India-West. May 20, 2015. Retrieved June 29, 2017.
- "5.10: The Stormy Present (with Bellamy Young)". The West Wing Weekly. Retrieved 2019-11-16.
- "Book of Members, 1780-2010: Chapter A" (PDF). American Academy of Arts and Sciences. Archived (PDF) from the original on May 10, 2011. Retrieved April 17, 2011.
- Kaplan, Thomas (February 7, 2008). "Gravel's justice of choice: Amar". Yale Daily News. Archived from the original on October 24, 2008. Retrieved June 29, 2017.
- Lemieux, Scott (June 24, 2022). "Getting Real About the Post-'Roe' World". The American Prospect. The American Prospect, Inc. Retrieved March 19, 2023.
Perhaps one should only expect so much political insight from a comedian, but Yale Law's Akhil Reed Amar sounded a similar note in The Wall Street Journal, providing hollow reassurances that overruling Roe won't really be that bad. This kind of complacency from nominally pro-choice elites has deeper roots in American political culture.
- Patrice, Joe (May 16, 2022). "'Trust Me, I'm A Liberal Man, Which Is Why I'm Writing In The Wall Street Journal That Women Don't Have Reproductive Rights'". Above The law. breaking Media, Inc. Retrieved March 19, 2023.
Amar's claim that contraception and interracial marriage are safe "because the freedoms recognized in these cases were 'deeply rooted in the Nation's history and tradition'" is certainly news to historians. That his defense of LGBTQ rights is that it's fundamentally a gender equality issue (which reproductive rights… aren't?) and that — I'm not making this up — "Later drafts of Justice Alito's opinion will likely need to take equality issues more seriously" borders on the horrific. In the context of this op-ed, it's akin to saying, "I'm an aeronautics expert and I wholeheartedly endorse the safety of this plane… though later models will likely need to include wings." Remember that Professor Amar was an early passenger on the "I'm a liberal and Brett Kavanaugh is awesome" train too. You'd think Amar would have learned his lesson after realizing he was played for a chump on that one and yet here he is running face first into the buzzsaw again. But his latter day recognition that staking his academic reputation on Kavanaugh might have been a mistake came too late — we were talking about the problems with Justice Frat Bro long before Amar expressed second thoughts.
- Ziegler, Mary (June 29, 2022). "The Overturn of Abortion Rights Cannot Be Minimized". Ms. Magazine. Feminist Majority Foundation. Retrieved March 19, 2023.
- Koppelman, Andrew (May 22, 2022). "Akhil Amar and the Dobbs draft". The Hill. Nextstar Media, Inc. Retrieved March 19, 2023.
As for the implications for other rights, one should begin by noticing that we are already near the bottom of the slippery slope: This will be a catastrophe for women even if the court goes no further. (Amar blithely declares that "most women" who live far from the nearest state where abortion is legal "should be able to travel to get the treatment they desire.") But the news is not good for contraception and same-sex marriage. On his Amarica's Constitution podcast, Amar declared that there's no movement to undo the right to contraception: "Lib law professors, you're just trying to scare people with boogeymen or something." Some in the conservative press agree. But what is contraception? Many right-to-lifers claim that its most reliable forms, such as the birth control pill and the IUD, are abortifacients. Justice Alito himself has warned of "morning after pills, which destroy an embryo after fertilization." That's not how Plan B normally works, and it is uncertain whether it ever harms a fertilized egg. But legislation to ban it is already being considered.
- Weissmann, Jordan (July 10, 2018). "The Liberal Case for Kavanaugh Is Complete Crap". Slate. The Slate Group. Retrieved March 19, 2023.
- Willis, Jay (July 10, 2018). "The "Liberal Case" for Brett Kavanaugh Is a Bunch of Horseshit". GQ. Conde Nast. Retrieved March 19, 2023.
Amar does not mention, for example, Kavanaugh's history of pro–Second Amendment jurisprudence, or his barely-disguised animosity toward Roe v. Wade, or the detail that Kavanaugh's abandonment of the view that a sitting president can be indicted just happened to coincide with the end of his tenure as a Whitewater prosecutor—all of which are things readers might be interested in! This "liberal's case" is, in fact, a series of highfalutin bromides that only reinforce the notion that the Supreme Court is an institution in which players prioritize comity and civility over the real-world implications of its work. From there, Amar launches into a baffling West Wing fever dream, arguing that Senate Democrats, with no procedural mechanisms available to them to block Kavanaugh's confirmation, should offer their Republican counterparts a modest proposal.
- Amar, Akhil Reed (10 July 2018). "Opinion | A Liberal's Case for Brett Kavanaugh". The New York Times.
- Amar, Akhil Reed (13 May 2022). "The End of Roe v. Wade". Wall Street Journal.