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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]
This second installment in our series on the upcoming legal challenge to the Affordable Care Act (ACA) in California v. [read post]
19 Apr 2020, 9:00 pm by Vikram David Amar and Jason Mazzone
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 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]
11 Dec 2019, 9:01 pm by Vikram David Amar
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 by Vikram David Amar and Jason Mazzone
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]
3 Oct 2019, 9:01 pm by Vikram David Amar
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 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]
7 Mar 2019, 9:01 pm by Vikram David Amar
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
21 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
In our last column, we explored some threshold justiciability issues (focusing on the plaintiff’s standing to sue in federal court) in the recent federal lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR), challenging HLR’s use of race and gender in selecting members and also in selecting authors for publication. [read post]
7 Feb 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
For many law students, membership in and service on an academic journal is a highlight of the law school experience. [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]
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]