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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]
21 Mar 2018, 9:01 pm by Vikram David Amar
In my last column, 2020 Election Legal Maneuvering, I described a recent lawsuit filed by some prominent lawyers and law professors challenging Texas’s use of the so-called Winner-Take-All (WTA) approach to selecting the state’s representatives to the so-called Electoral College. [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]
The right of abortion is one of the most contentious political and legal issues in the United States today. [read post]
23 Jun 2020, 9:00 pm by Vikram David Amar
When can federal judges, selected and given life tenure under Article III of the Constitution, inject themselves into core prosecutorial functions and decisions managed by the U.S. [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]
5 Jun 2014, 9:01 pm by Vikram David Amar
While many analysts this month are understandably focused on the blockbuster rulings that are due from the Supreme Court in June—the back end of the Supreme Court litigation process, if you will—in my column today I introduce and briefly analyze the front end of three cases on which the Court has granted review for the next Term, which begins this fall. [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]
22 Sep 2016, 9:01 pm by Vikram David Amar
Columns on this website that examine judicial rulings tend to focus on the very last stage of litigation—a U.S. [read post]
7 Feb 2023, 9:00 pm by Vikram David Amar
Prominent rankings of institutions Americans care about are invariably controversial. [read post]
23 Sep 2020, 9:01 pm by Vikram David Amar
Ruth Bader Ginsburg’s career will be remembered for so many things, most notably her work as a litigator, a law professor, a lower court judge and a Justice at the Supreme Court (where she sat for over a quarter century). [read post]
One of the vexing legal questions raised by President Trump’s original and revised executive orders concerning entry into the United States by nationals of several Middle Eastern and African countries is whether and how courts ought to take into account the subjective motives behind the executive order, whether or not these motives are reflected in the text of the orders themselves. [read post]
19 Mar 2020, 9:01 pm by Vikram David Amar and Julie Schrager
If you are a member of the legal profession, you almost certainly appreciate that written communication is a lawyer’s stock in trade. [read post]
24 Jan 2019, 9:01 pm by Vikram David Amar
Last week an Alabama trial court judge (Michael Graffeo) made national news when (literally just minutes before his judicial term expired and he began retirement) he held that the Alabama Memorial Protection Act (AMPA)—which prohibits public jurisdictions within the state from altering or otherwise disturbing public monuments that have been in existence for at least forty years—violated the Fourteenth Amendment free speech and due process rights of the City of Birmingham, which sought to… [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]
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]
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]