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17 Jun 2019, 9:01 pm by Vikram David Amar
Last week Florida Governor Ron DeSantis signed into law SB 168, considered one of the strictest measures in the nation to prohibit state and local government entities from becoming so-called “sanctuary” jurisdictions within the state. [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]
12 May 2019, 9:01 pm by Vikram David Amar
President Trump’s tweet a few weeks ago—indicating that he “would first head to the U.S. [read post]
29 Jun 2017, 9:01 pm by Vikram David Amar
In light of the various ongoing investigations—some by special DOJ counsel Robert Mueller and others by various congressional committees in both houses—of members or associates of President Trump’s administration, there is a great deal of talk these days about “executive privilege” that the president may or may not enjoy to shield from view communications he has with his advisors. [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]
18 May 2017, 9:01 pm by Vikram David Amar
Although I had planned to write on another subject this week, recent and fast-moving events warrant attention to the topic of impeachment, a process more and more commentators (and some legislators on Capitol Hill) have been mentioning. [read post]
14 Dec 2017, 9:01 pm by Vikram David Amar
The year that is winding down brought many legal twists and turns at the highest levels of the federal government, and 2018 promises to be just as legally interesting and important. [read post]
11 Aug 2019, 9:01 pm by Vikram David Amar
Republican Party leaders and President Trump’s legal team have gone to court to block implementation of California’s newly enacted law that denies ballot access to presidential candidates who have chosen not to release their tax returns. [read post]
31 May 2018, 9:01 pm by Vikram David Amar
The tension between states and localities, on the one hand, and federal authorities, on the other, over so-called “sanctuary” jurisdictions has been one of the most politically charged federalism flashpoints since President Trump took office. [read post]
8 Oct 2015, 9:01 pm by Vikram David Amar
Last year at the Supreme Court, there was some level of drama about who would win or lose what I (and many other analysts) thought were the major cases; most people expected Justice Kennedy to join (as he did) with the more liberal Justices to recognize a national right of marriage equality for same-sex couples, but folks were less confident about the results in the Obamacare tax subsidies case and the challenge to Arizona’s independent redistricting commission, to name just a few. [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]
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]
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]
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]
31 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
This three-part series looks at intriguing constitutional questions raised by California’s statutory enactment of SB 826, which requires publicly held corporations with principal executive offices located in California to have a prescribed number of women on their boards of directors. [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]
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]