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11 Apr 2024, 9:01 pm by Vikram David Amar
Thus, like the Ohio-specific deadline for ballot access, state-specific (and thus disuniform) rules concerning elector allocation will persist under our decentralized electoral college framework.A third reminder (for me) this week of the extent of decentralization was the mention by a colleague and frequent co-author (Professor Evan Caminker) of the outcome of the 2020 Texas v. [read post]
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]