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20 Mar 2023, 9:01 pm by Vikram David Amar
In the summer of 2021, the Missouri governor signed into law the state’s so-called “Second Amendment Preservation Act (SAPA),” whose preamble (a section styled as “findings”) declares that the “supremacy” of federal law “does not extend to various federal statutes, executive orders, [etc., that regulate firearms and ammunition in various ways]. [read post]
24 Aug 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
For this, and other more pragmatic reasons, we do not expect the Illinois Supreme Court (where any aggressive lower state court ruling would be appealed to in any event) to support doing anything but letting the revised district lines (if they be revised as we expect) go into effect.Follow @prof_amar Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law on the Urbana-Champaign campus.… [read post]
22 May 2019, 9:01 pm by Vikram David Amar
Last week’s 5-4 ruling by the Supreme Court in Franchise Tax Board v. [read post]
3 Nov 2016, 5:00 pm by Vikram David Amar
In July, in the aftermath of FBI Director James Comey’s wrong-headed decision to go public with the recommendations he was making to prosecutors in the DOJ that there was no plausible basis for prosecution of Hillary Clinton arising out of her email transgressions (and equally wrong-headed decision to opine about matters that went beyond whether prosecution was warranted), I wrote a column for this website identifying broader constitutional lessons to be gleaned from the episode.Since, as… [read post]
2 Jan 2020, 9:01 pm by Vikram David Amar
There remains uncertainty about exactly how the Senate will conduct impeachment trial proceedings on the two articles of impeachment for President Trump adopted by the House of Representatives last month. [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
In my last column, Part I of this Two-Part series, I argued that lower courts are justified in paying (indeed perhaps required to pay) close attention to Justice Kennedy’s concurring opinion in this summer’s blockbuster Burwell v. [read post]
9 Jan 2020, 9:01 pm by Vikram David Amar and Jason Mazzone
Freeing senators from party-leader retribution would be nice, but there is simply no way to do that without freeing senators from accountability to the people of the states (who themselves may prefer to be as intensely partisan as their leaders are in today’s moment), which is the whole point of popular election of senators.Follow @prof_amar Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of… [read post]
1 Dec 2016, 9:01 pm by Vikram David Amar
Let’s hope that the absence of school-specific statistics for the February 2016 exam was an aberration, and that when the more detailed statistics for July 2016 come out later this month or early next, school-by-school data is provided (at least for schools with a large enough number of takers so as to make any concerns about identifying individual takers baseless.)Follow @prof_amar Vikram David Amar is the Iwan Foundation Professor of… [read post]
23 Feb 2017, 9:01 pm by Vikram David Amar
., we ought not waste time on any hearing.Follow @prof_amar Vikram David Amar is the Iwan Foundation Professor of Law and the Dean at the University of Illinois College of Law. [read post]
31 Jul 2019, 9:01 pm by Vikram David Amar
The recent passing of retired Supreme Court Justice John Paul Stevens has rightly generated numerous tributes and commentaries discussing the dozens of high-profile opinions he wrote during his almost-35 years on the Court. [read post]
18 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
Follow @prof_amar Vikram David Amar is the Iwan Foundation Professor of Law and the Dean at the University of Illinois College of Law. [read post]
18 Jun 2015, 9:01 pm by Vikram David Amar
Vikram David Amar, a Justia columnist, is the Associate Dean for Academic Affairs and Professor of Law at the University of California, Davis School of Law. [read post]
2 Jun 2016, 9:01 pm by Vikram David Amar
Perhaps the reason the Harris Court did not discuss justiciability at all is that the plaintiff’s allegations of significant partisan motivation were factually baseless in any event, but had Justice Scalia remained on the Court, I would not have been surprised to see him comment on whether the Court should be reaching the merits at all.As in so many other areas, the Court in this setting is different in his absence.Follow @prof_amar Vikram… [read post]
27 Jul 2023, 9:01 pm by Vikram David Amar
As America seems to be figuratively coming apart at the seams, movements throughout the nation to accomplish literal (geopolitical) separation in various states and regions continue to gather supporters too. [read post]
10 Jan 2019, 9:01 pm by Vikram David Amar
In my last column, Part One of this series, I examined a lawsuit challenging the Arizona state law scheme for holding a replacement election to fill the US Senate vacancy created by John McCain’s death last year. [read post]
26 Jan 2017, 9:01 pm by Vikram David Amar
Philadelphia’s mayor signed into law this week a measure that prohibits employers in the city from asking job applicants to provide their past salary data, something supporters of the ordinance hope will help reduce the wage gap between men and women.The theory appears to be that if women’s wages currently lag men’s for illegitimate reasons, and if employers base new starting salaries in any significant measure on salary histories (which in turn would be affected by improperly low… [read post]
26 Jul 2017, 9:01 pm by Vikram David Amar
Although for my money the big news of the week has been the resurrection of efforts by Republicans in the U.S. [read post]