UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone analyze last week’s Supreme Court oral arguments on President Trump’s birthright citizenship executive order, focusing not just on the order’s constitutionality but also on the procedural question of whether “universal” injunctions or nationwide class actions are the better tool for challenging federal policies. Professors Amar and Mazzone contend that class actions offer a fairer and more practical alternative, providing enforceable relief, reducing strategic litigation abuse, and avoiding the legal uncertainties that surround non-party protection under universal injunctions.

UC Davis Law professor Vikram David Amar examines the legal and constitutional issues surrounding President Donald Trump’s Executive Order aimed at denying birthright citizenship to certain U.S.-born children of non-citizen parents, with a particular focus on upcoming Supreme Court arguments about the legitimacy of nationwide injunctions blocking the Order. Professor Amar argues that the Order is flagrantly unconstitutional under the Fourteenth Amendment’s clear text and historical context and expresses concern that resolving procedural questions about injunctions in this unusual and highly politicized case may lead to inadequate judicial guidance on an important issue.

UC Davis Law professor Vikram David Amar, professor emeritus Alan Brownstein, and Illinois Law professor Jason Mazzone analyze the Fifth Circuit’s decision in Umphress v. Hall, a case involving a Texas judge’s federal lawsuit seeking protection from disciplinary action for refusing to perform same-sex marriages based on religious beliefs. In this second of a two-part series of columns on that case, the authors argue that judges who perform marriages act as state actors and therefore must adhere to the constitutional mandates of equality and due process. They further explain that allowing religious-based discrimination in such roles undermines the core principles established in Obergefell v. Hodges and related equal protection jurisprudence.

UC Davis Law professor Vikram David Amar discusses concerns about constitutional violations by the Trump administration and examines claims that the arrest of Wisconsin state judge Hannah Dugan fits into a broader pattern of undermining judicial independence. Professor Amar argues that Dugan’s arrest, unlike attacks on judges for their legal rulings, appropriately addresses unlawful interference with federal law enforcement and thus upholds, rather than threatens, constitutional principles like federal supremacy and the rule of law.

UC Davis Law professor Vikram David Amar, professor emeritus Alan Brownstein, and Illinois Law professor Jason Mazzone analyze the Fifth Circuit’s decision in Umphress v. Hall, a case involving a Texas judge who challenged potential disciplinary action for conducting only opposite-sex weddings based on religious beliefs. In this first of a two-part series of columns on that case, the authors focus on the threshold justiciability matters presented in the case, arguing that it serves as a valuable teaching tool for understanding overlapping legal doctrines such as standing, ripeness, and abstention. The authors critique the Fifth Circuit’s reasoning on enforcement threat assessments and point out doctrinal confusion surrounding facial versus as-applied constitutional challenges.

UC Davis Law professor Vikram David Amar and professor emeritus Alan E. Brownstein discuss the Trump administration’s April 11 demand letter to Harvard University, which requires sweeping changes to the university's hiring and admissions practices to eliminate identity-based preferences and to mandate viewpoint diversity. Professors Amar and Brownstein argue that the letter is deeply incoherent and self-contradictory, as its rigid insistence on merit-based selection fundamentally conflicts with its simultaneous requirement for ideological and religious viewpoint diversity across all departments.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone examine the legal and ethical implications of recent executive orders from the White House targeting law firms for their past work opposing the administration, and they discuss the resulting fragmentation within the legal profession over how to respond. Professors Amar and Mazzone argue that while individual law firms may face practical incentives to capitulate, coordinated resistance would be both more effective and legally protected under the First Amendment based on analogous Supreme Court precedents on collective political action and petitioning the government.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone address the Fifth Circuit’s refusal to rehear a case challenging a Mississippi law allowing mail-in ballots postmarked by Election Day to be counted if received within five business days. Professors Amar and Mazzone explore the broader implications of that decision—especially in light of a recent Executive Order by President Donald Trump that adopts a strict interpretation of federal “Election Day” laws. The authors argue the Fifth Circuit’s reasoning is flawed, that longstanding state practices allowing some flexibility in ballot receipt are legally and constitutionally sound, and that both the court’s ruling and the Executive Order reflect an overly rigid and potentially partisan approach that should ultimately be reviewed and corrected by the U.S. Supreme Court.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone discuss the scope and original intent of the Fourteenth Amendment’s Citizenship Clause, particularly in response to a recent executive order issued by President Trump that seeks to limit birthright citizenship. Professors Amar and Mazzone argue that the executive order (and the few legal scholars who endorse its legal basis) misinterprets the Constitution by imposing parental status requirements that are not present in the text, and they explain that both historical and legal precedent overwhelmingly support the conventional interpretation that all persons born on U.S. soil and subject to its laws are citizens.

UC Davis Law professor Vikram David Amar examines the U.S. Department of Justice’s decision to dismiss federal corruption charges against New York Mayor Eric Adams and the legal and ethical implications of potentially using criminal charges as leverage to influence local government policy decisions. Professor Amar argues that if the DOJ dismissed charges as part of a quid pro quo to gain Adams’s cooperation with federal immigration policies, this would constitute an unconstitutional violation of federalism principles by improperly pressuring local officials to act against their constituents’ interests, similar to prohibited practices outlined in Supreme Court cases like New York v. United States and Spallone v. United States.

UC Davis Law professor Vikram David Amar discusses the surge in federal lawsuits challenging the new Trump administration’s extensive assertions of executive power. Emphasizing the critical role of the judiciary in these times, Professor Amar explains the significance of court rulings, particularly preliminary injunctions, as temporarily halting executive actions to prevent irreparable harm while the legal merits are fully adjudicated, and he highlights the immense pressure on judges to navigate these complex and politically charged constitutional issues.

UC Davis Law professor Vikram David Amar discusses the Supreme Court case FCC v. Consumers’ Research et al., which challenges the constitutionality of the FCC’s delegation of authority under the nondelegation doctrine. Professor Amar argues that while the nondelegation doctrine has been historically dormant, the case highlights important constitutional considerations about the delegation of legislative authority, specifically the ability to reclaim delegated power, and he urges the Court to address these broader issues if it examines the nondelegation questions in this case.

UC Davis Law professor Vikram David Amar examines Idaho’s proposed legislative “Memorial” rejecting the Supreme Court’s Obergefell v. Hodges decision on same-sex marriage, using it as a lens to explore broader questions about states’ rights to challenge federal authority and Supreme Court decisions. Professor Amar argues that while states have the constitutional right to declare their disagreement with federal actions, attempts to enforce laws contradicting Supreme Court precedent are permissible when the argument for overturning is not frivolous (as with Obergefell), but would be impermissible when such arguments are completely frivolous (as with trying to overturn Brown v. Board of Education).

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone analyze a recent Pennsylvania Supreme Court decision ordering counties not to count undated/misdated mail-in ballots for the November 2024 election, specifically examining the broader implications of courts claiming exclusive authority to interpret constitutionality. Professors Amar and Mazzone argue that the court’s position that only judges can determine constitutional matters is problematic, as executive officials throughout American history have demonstrated the capacity to make sound constitutional judgments, and a decentralized system of constitutional review by multiple government actors can better protect individual rights.

UC Davis Law professor Vikram David Amar examines whether recent changes to public university campus policies regarding protests and speech, which were largely prompted by Gaza-Israel related demonstrations, can be considered unconstitutional viewpoint discrimination under the First Amendment. Professor Amar argues that while such policy changes may disproportionately affect certain viewpoints in the short term, they are generally legally permissible as long as they are facially neutral, since proving discriminatory intent in free speech cases is particularly challenging and courts have historically upheld similar reactive but neutral regulations in various contexts.

Last week the U.S. Court of Appeals for the Fifth Circuit issued a ruling in Republican National Committee (RNC) v. Wetzel holding invalid, as conflicting with and thus preempted by federal law governing federal elections, a Mississippi statute that permits the counting of ballots that arrive at election offices by mail after Election Day—up…

UC Davis Law professor Vikram David Amar analyzes a recent Pennsylvania Supreme Court ruling that allows voters whose mail-in ballots were rejected due to technical errors to cast provisional ballots in person, and examines the Republican National Committee's subsequent appeal to the U.S. Supreme Court to block this ruling. Professor Amar argues that the RNC’s appeal lacks merit because it misapplies both the Purcell doctrine (which constrains federal, not state, courts from making last-minute election changes) and the Supreme Court’s Moore v. Harper decision, which actually supports states’ authority to interpret their own election laws through various governmental processes, including state courts.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone analyze a recent election-related lawsuit filed in Michigan federal court, critiquing the legal arguments and the court’s handling of the case in the context of federal jurisdiction principles. Professors Amar and Mazzone argue that the lawsuit clearly lacks federal subject-matter jurisdiction and should have been promptly dismissed, highlighting this case as an example of poor lawyering and judicial oversight that is unnecessarily complicating the legal landscape ahead of the upcoming election.

UC Davis Law professor Vikram David Amar discusses the legal arguments surrounding Robert F. Kennedy Jr.’s attempt to remain on some state ballots for the 2024 presidential election, particularly focusing on the applicability to presidential elections of the Supreme Court’s U.S. Term Limits, Inc. v. Thornton ruling. Professor Amar argues that invoking the Term Limits case in the context of presidential elections is logically flawed and historically inaccurate, as Article II of the Constitution grants states broad powers in selecting presidential electors, unlike the more restricted state powers in congressional elections addressed in Term Limits.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone discuss a legal challenge to Mississippi’s law allowing the counting of absentee ballots that arrive up to five business days after Election Day, as long as they are postmarked by Election Day. Professors Amar and Mazzone argue that the law is consistent with federal election statutes and constitutional principles, and that the plaintiffs’ interpretation of “Election Day” is overly narrow and inconsistent with other accepted election practices.