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9 Feb 2017, 9:01 pm by Vikram David Amar and Michael Schaps
” In challenging this federal directive, San Francisco relies on principles of federalism as expounded in Printz v. [read post]
5 Dec 2013, 9:01 pm by Vikram David Amar
”  A state legislature’s constitutional inability to favor particular federal legislative candidates and disfavor others explains why the Supreme Court held a dozen years ago in Cook v. [read post]
Such state laws are often called Religious Freedom Restoration Acts, or RFRAs—named and patterned after the federal RRFA adopted by Congress after the Supreme Court’s 1990 decision in Employment Division v. [read post]
13 Mar 2019, 9:01 pm by Vikram David Amar
He is a 1988 graduate of the Yale Law School and a former clerk to Justice Harry Blackmun. [read post]
31 May 2017, 9:01 pm by Vikram David Amar
  The answer is yes, and the Supreme Court effectively made that clear two years ago in its important ruling in Arizona Legislature v. [read post]
26 Jun 2019, 9:01 pm by Vikram David Amar
Alexis de Tocqueville, whom the Court has quoted extensively in recent jury exclusion cases,keenly understood these linkages. [read post]
3 May 2018, 9:01 pm by Vikram David Amar
Supreme Court and lower court case law is extremely underdeveloped here—leading Erwin to suggest we don’t really know what the rules are going to be. [read post]
2 Jan 2014, 9:01 pm by Vikram David Amar
Draper’s initiative also has a provision appointing the “official proponent” of the measure (presumably himself) as an “agent of the State of California” for purposes of defending the initiative measure against legal challenge (presumably in federal, as well as state, court). [read post]
29 Nov 2018, 9:00 pm by Vikram David Amar
This is how similar democratic innovations such as initiative, referendum, and direct election of senators took root in America.The Grounds for the Lawsuit in MaineThe Complaint filed in federal court in Maine, which challenges the state’s decision to look beyond the first round of the November election, in which Republican incumbent Bruce Poliquin received more votes than anyone else but less than 50 percent, does not seem to articulate a compelling legal basis for challenging… [read post]
31 Jan 2013, 9:01 pm by Vikram David Amar
In my column today, I explore what might be learned from the decision by the House of Representatives last week and the seemingly imminent (as of this writing) decision of the Senate this week to pass a bill that seems on its face to directly violate the clear text of the Constitution. [read post]
22 Apr 2024, 10:01 am by Norman L. Eisen
” One minute later, Trump again posted about the judge’s daughter, saying she “represents Crooked Joe Biden, Kamala Harris, Adam ‘Shifty’ Schiff, and other Radical Liberals. [read post]
20 Jan 2014, 6:50 am by Kelly Phillips Erb
Daniel Webster is thought to have coined that phrase in his oral arguments in the Supreme Court case, McCulloch v. [read post]