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In the space below, we analyze some complicated legal questions arising out of a proposed California initiative—the so-called “Sodomite Suppression Act” (SSA)—whose illegality and immorality are not complicated at all. [read post]
30 Nov 2017, 9:01 pm by Vikram David Amar
Over the next few weeks, law school final exams will be in full swing at almost every law school in the country. [read post]
19 May 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
From the Right and from the Left, legislatures are considering—and in many cases enacting—laws that have no meaningful chance of surviving judicial challenge under the U.S. [read post]
The right of abortion is one of the most contentious political and legal issues in the United States today. [read post]
26 Jun 2019, 9:01 pm by Vikram David Amar
June 2019 might become known in Illinois as the month the state legalized marijuana use, but I hope it remains better remembered as the 100th anniversary of Illinois’ ratification of the Nineteenth Amendment—the provision in the Constitution that prohibited discrimination in voting on account of sex. [read post]
11 Sep 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
The past term at the Supreme Court will certainly be known for the Dobbs decision overruling Roe v. [read post]
17 Jul 2014, 9:01 pm by Vikram David Amar
Legal and political commentators have already spent thousands of hours on how best to understand Justice Alito’s majority opinion in Burwell v. [read post]
14 Jul 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
Last month, Texas adopted an anti-abortion statute that is noteworthy not so much for how it tries to deter abortions but for how it tries to deter legal challenges to the statute itself. [read post]
7 Feb 2023, 9:00 pm by Vikram David Amar
Prominent rankings of institutions Americans care about are invariably controversial. [read post]
20 Sep 2018, 9:01 pm by Vikram David Amar
Earlier this summer, Illinois became the 37th state to ratify the Equal Rights Amendment (ERA) to the United States Constitution originally proposed by Congress on March 22, 1972. [read post]
15 Jul 2018, 9:01 pm by Vikram David Amar
Now that Silicon Valley venture capitalist Tim Draper has submitted a sufficient number of signatures for his bid to split California into three separate states—Cal3, as it is called—to qualify for the November general election ballot, commentators are beginning to discuss the political and legal obstacles the measure faces—hurdles I flagged and analyzed in a number of Verdict columns, including here and here.Among the legal stumbling blocks currently being talked about is the… [read post]
27 Dec 2018, 9:01 pm by Vikram David Amar
An interesting and potentially important lawsuit in federal court in Arizona is challenging the way state officials have sought to deal with the vacancy in the US Senate created by Senator McCain’s death four months ago (on August 25, 2018). [read post]
19 Oct 2017, 9:01 pm by Vikram David Amar
There have been countless lawsuits filed over the last nine months—by states, cities, individuals, public interest groups, and others—challenging Trump administration actions and policies. [read post]
20 Nov 2022, 9:00 pm by Vikram David Amar
The latest filing in the Supreme Court’s biggest pending case is a perfect illustration of how not to do serious originalism.The case, Moore v. [read post]
5 Dec 2013, 9:01 pm by Vikram David Amar
Yesterday the Federalism Working Group of the American Legislative Exchange Council (ALEC)—an influential and generally conservative policy-oriented institution that offers template legislation for state governments to consider adopting—was scheduled to meet to consider, among other things, a proposal that would empower state legislatures to add candidates to general election ballots for the office of United States Senator. [read post]
19 May 2016, 9:01 pm by Vikram David Amar
Here they (or we, depending on point of view) go again—yet another complicated lawsuit seeking to mortally wound the Affordable Care Act (popularly known as Obamacare) is wending its way through the federal courts. [read post]