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26 Sep 2022, 10:26 am
"Said lawprof Evan Caminker, quoted by Adam Liptak in "Top State Judges Make a Rare Plea in a Momentous Supreme Court Election Case/In a surprising filing, state chief justices opposed an argument pressed by Republicans — that state legislatures may set federal election rules unconstrained by state constitutions" (NYT).The state judges are fighting for their own power against the "independent state legislature theory. [read post]
6 Sep 2022, 6:00 pm by Rick Hasen
This brief is well done (Carter Phillips/Evan Caminker) but also important in that it represents the views of Chief Justices of states from across the political spectrum. [read post]
2 Jun 2022, 9:00 pm by Vikram David Amar
The leak of Justice Samuel Alito’s draft majority opinion in the pending abortion case, Dobbs v. [read post]
9 Sep 2021, 9:01 pm by Vikram David Amar
(My two-part series with Caminker includes links to the Chemerinsky/Edlin essays to which we were reacting.) [read post]
29 Aug 2021, 9:00 pm by Vikram David Amar and Evan Caminker
But they reject our characterization of the recall mechanism as involving two decisions: “[Amar and Caminker] want to treat each question on the ballot as a separate election and don’t want to compare the votes between the two questions on the ballots. [read post]
23 Aug 2021, 9:01 pm by Aaron Edlin and Erwin Chemerinsky
As such, the procedures used for the election deprive voters who favor Newsom of equal protection by violating a central principle of democracy—the one-person, one-vote principle, articulated by the Supreme Court under Warren.Vikram David Amar and Evan Caminker disagree. [read post]
15 Aug 2021, 9:01 pm by Vikram David Amar and Evan Caminker
Next month Californians will decide whether they want to remove Governor Gavin Newsom from office before the end of his first term. [read post]
11 Feb 2021, 9:01 pm by Vikram David Amar
As I and two colleagues (Jason Mazzone and Evan Caminker) explained in a series of columns (the last of which—that in turn links back to earlier parts—is here), the challenge to Obamacare in California v. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
Accordingly, we can separate the plausible scenarios from the hot air.The Challenge Is PreposterousRegular Verdict readers will have learned from an outstanding four-part series by Vikram Amar, Evan Caminker, and Jason Mazzone that the challenge to the ACA the Court hears today rests on a truly preposterous chain of reasoning.In 2010, Congress enacted the ACA, a complex law with some interrelated and many unrelated parts. [read post]
6 Nov 2020, 2:01 pm by Jason Mazzone
For reasons Vik Amar, Evan Caminker and I have explained here, NFIB did not hold that Congress lacks power to command the purchase of insurance and the Court has not in any other case decided the question either. [read post]
6 Nov 2020, 9:05 am by Jason Mazzone
As Vik Amar, Evan Caminker and I recently wrote on this issue:The ACA’s defenders argue that the obvious and compelling indication of congressional preference is what Congress actually did in 2017. [read post]
30 Oct 2020, 8:02 am by Jason Mazzone
Over at Justia today Vik Amar, Evan Caminker and I provide our own take on available remedies and our own analysis of severability and how it should apply in California v. [read post]
19 Oct 2020, 3:55 pm by Jason Mazzone
I appreciate Marty Lederman's comment on the new Justia essay (by Vik Amar, Evan Caminker, and me) that I linked to on whether the ACA insurance mandate is valid without the tax penalty. [read post]
18 Oct 2020, 6:33 am by Jason Mazzone
Vik Amar, Evan Caminker and I offer our analysis of the question before the Supreme Court in California v. [read post]
14 Oct 2020, 8:45 am by Jason Mazzone
 Over at Justia, Vik Amar, Evan Caminker and I have posted a new essay on California v. [read post]
This second installment in our series on the upcoming legal challenge to the Affordable Care Act (ACA) in California v. [read post]