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9 Nov 2020, 9:01 pm
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, 12:18 pm
In a pair of posts earlier today, Abbe Gluck and Jason Mazzone discuss the question of whether the remainder of the Affordable Care Act is "severable" from Section 5000A in the event the Supreme Court declares that Section 5000A is unconstitutional by virtue of a 2017 amendment to that provision.As I understand him, Jason agrees with Abbe on all of the textual and structural arguments she offers for severability in the second half of her post. [read post]
29 Oct 2020, 9:01 pm
Assume that in California v. [read post]
15 Oct 2020, 9:01 pm
As readers of this series will no doubt recall, in 2012 the Supreme Court in National Federation of Independent Business (NFIB) v. [read post]
12 Oct 2020, 9:01 pm
This second installment in our series on the upcoming legal challenge to the Affordable Care Act (ACA) in California v. [read post]
1 Oct 2020, 9:01 pm
On November 10, the Supreme Court will hear argument in California v. [read post]
29 Sep 2020, 6:12 am
Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. [read post]
24 Aug 2020, 11:39 am
I confess myself quite mystified by the argument underlying Jason Mazzone's posting earlier today. [read post]
12 Jul 2020, 5:30 pm
Also at that blog, Jason Mazzone has a related post titled “Bostock: Were the liberal justices namudnoed? [read post]
12 May 2020, 9:00 pm
COVID-19 has (rightly) pushed from the headlines almost every political controversy lacking a coronavirus angle. [read post]
23 Apr 2020, 8:47 pm
Over at Justia, Vikram Amar and Jason Mazzone make the case that there was not constitutional violation justifying federal court intervention. [read post]
20 Apr 2020, 12:49 pm
The Court may be "nonchalant," but, I think, this doctrine in particular is unusually weak as a vehicle for protecting "voting rights" under the Constitution.It’s also consistent with the views of Dean Vik Amar and Professor Jason Mazzone looking at this very case. [read post]
20 Apr 2020, 8:20 am
” Law professors Vikram David Amar and Jason Mazzone have this essay online at Justia’s Verdict. [read post]
19 Apr 2020, 9:00 pm
In spite of (or perhaps because of) the fact that the Supreme Court’s per curiam opinion two weeks ago in the Wisconsin election case, Republican National Committee (RNC) v. [read post]
9 Jan 2020, 9:01 pm
Some commentators have floated that idea that it would be permissible and advisable for the Senate sitting in the matter of President Trump’s impeachment to adopt a rule of private (that is, unreported to the public) voting on the question of whether the President ought to be convicted of the articles of impeachment adopted by the House. [read post]
11 Dec 2019, 9:01 pm
In Parts One and Two of this series, we introduced an important pending federal court challenge to Mississippi’s gubernatorial election regime, situated the dispute in constitutional context, and examined various procedural aspects of the case. [read post]
1 Dec 2019, 9:01 pm
As we explained in a column a few weeks ago, Part One in a series, an important federal lawsuit challenging Mississippi’s scheme for electing governors is wending its way through the federal courts. [read post]
14 Nov 2019, 9:01 pm
Last week Mississippi voters went to the polls to elect a new governor. [read post]
3 Oct 2019, 9:01 pm
Jason: Vik, as you know, last month three Virginia couples sued their state in federal court challenging a law requiring them to identify and report their race on the state’s marriage license application form. [read post]
19 May 2019, 9:01 pm
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]
