In this fifth of a series of columns on the so-called Independent State Legislature (ISL) theory of Articles I and II of the federal Constitution, Illinois Law dean Vikram David Amar argues that the U.S. Supreme Court should grant review in a case that cleanly presents ISL theory and soundly reject it, once and for all. Dean Amar calls upon the majority of the Court that rejects ISL theory to explain its sound reasoning for rejecting it, noting that when one side lays out its case in public writings and the other (much stronger) side does not, the public is not well served.
In this fourth of a series of columns, Illinois Law dean Vikram David Amar continues his discussion of the so-called Independent State Legislature (ISL) theory regarding federal congressional and presidential selection processes. Dean Amar responds to arguments the North Carolina Applicants raise in their Reply filed with the U.S. Supreme Court last week.
In this third of a series of columns, Illinois Law dean Vikram David Amar explains why the proponents of the so-called Independent State Legislature (ISL) theory of Articles I and II of the U.S. Constitution inadequately address arguments and cases cutting against them. Dean Amar points out that a fundamental flaw of ISL theory is its failure to articulate any federal interest or norm, grounded in originalist understandings, structural expectations, or binding Supreme Court cases, concerning any specific state distribution of internal governmental powers.
In this second of a series of columns, Illinois Law dean and professor Vikram David Amar argues that the U.S. Supreme Court has already rejected the so-called Independent State Legislature (ISL) theory of Articles I and II of the U.S. Constitution. Dean Amar dissects the cases in which the theory arose and explains why the language of those cases, particularly taken together, repudiates the ISL theory.
In this first of a series of columns, Illinois Law dean and professor Vikram David Amar explains why we should be alarmed at a request by North Carolina Republicans for relief at the U.S. Supreme Court in a partisan gerrymander case. Dean Amar argues that the theory invoked in that case, known as the “Independent State Legislature” doctrine, is not just lawless but law-defying.
Illinois Law dean Vikram David Amar and professor Jason Mazzone explain why a recent ruling by the U.S. Court of Appeals for the Fifth Circuit egregiously misunderstands the Commerce Clause issues presented in several lawsuits challenging the federal Occupational Safety and Health Administration (OSHA)’s authority to mandate vaccine and testing requirements for large employers. Dean Amar and Professor Mazzone focus on three ways in which the Fifth Circuit gets it wrong and expresses hope that the Sixth Circuit, which is where the lawsuits have been consolidated, does better.
Illinois Law dean Vikram David Amar and UC Davis Law professor emeritus Alan Brownstein propose several difficult questions for both sides of the abortion debate in an effort to open dialogue and stimulate productive conversation about the contentious subject. Dean Amar and Professor Brownstein underscore the value of thinking about and discussing some of the core issues about abortion rights as part of a civil dialogue about abortion.
In light of Congress’s designation of today, September 17, as “Constitution Day,” Illinois Law dean Vikram David Amar and professor Jason Mazzone explain what this date celebrates and what it overlooks. Dean Amar and Professor Mazzone point out that while we should celebrate the drafters at the Philadelphia Convention, we should not disregard the imperfections in their work, or the ways in which Americans have worked to correct those imperfections.
Illinois Law dean Vikram David Amar argues that legislative reform is the best response if Californians want to change the gubernatorial recall election process. Dean Amar points out that legislators who wish to act should do so before—rather than after—the results of the upcoming election come in, so as to deflect any concerns that they might be motivated by partisanship, even though the reform possibilities may not be facially partisan.
Illinois Law dean Vikram David Amar and Michigan Law dean emeritus Evan Caminker continue their conversation with Berkeley Law professor Aaron Edlin and dean Erwin Chemerinsky about the constitutionality of California’s recall mechanism. Deans Amar and Caminker respond to critiques of their arguments and explain why they have grown even stronger in their belief that that equal protection challenges to the recall mechanism are misguided.
In this third of a series of columns, Illinois Law dean Vikram David Amar and professor Jason Mazzone discuss a recent federal lawsuit b Republican minority leaders in both houses of the Illinois General Assembly, specifically focusing on recent developments in the litigation. Dean Amar and Professor Mazzone explain why they do not expect the Illinois Supreme Court to support doing anything but letting the revised district lines (if they be revised as they expect) go into effect.
Illinois Law dean Vikram David Amar and Michigan Law dean emeritus Evan Caminker explain why critiques of California’s upcoming vote to recall Governor Gavin Newsom are erroneous. Deans Amar and Caminker describe several other mechanisms that effectively deny voters the opportunity to elect whomever they might want and point out that those mechanisms are very similar, and in some cases, more restrictive, than the recall vote mechanism.
Illinois Law dean Vikram David Amar comments on a recent lawsuit by former Illinois governor Rod Blagojevich challenging the state legislature’s prohibition on his holding future state office. Dean Amar explains several reasons that the lawsuit is unlikely to succeed, including issues with the Eleventh Amendment, Article III standing, and justiciability.
Illinois Law dean Vikram David Amar describes some of the advantages of the in-person setting for law schools (as compared to remote instruction) as an explanation for why he is looking forward to the start of the fall semester being in person. Dean Amar expresses home that, thanks to the vaccines that the overwhelming majority of faculty and students have chosen to receive, law schools around the country will have a very positive, if not quite normal, intellectual and cultural experience.
Illinois Law dean Vikram David Amar and professor Jason Mazzone analyze some of the issues presented by a new Texas anti-abortion statute that is to be enforced entirely by private plaintiffs. Dean Amar and Professor Mazzone explore the unusual characteristics of the law and describe some approaches opponents might take—and indeed Whole Woman’s Health (WWH) has already filed a lawsuit in federal court that seems to follow an approach the authors describe.
In this second of a series of columns commenting on Republican efforts to challenge the apportionment of Illinois state legislative districts that the General Assembly and the Governor recently enacted, Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that a federal court may not be able to grant the relief the plaintiffs are seeking. Dean Amar and Professor Mazzone point out that the Illinois Supreme Court is the proper arbiter of the key legal question whether a commission is required under state law.
In this first of a series of columns, Illinois Law dean Vikram David Amar and professor Jason Mazzone describe a lawsuit in which Republicans are challenging Illinois’s recently adopted redistricting plan. Dean Amar and Professor Mazzone identify several obstacles the lawsuit may face, which, in their estimation, make it unlikely to succeed.
Using recent statements from Rutgers University as an example, Illinois Law dean and professor Vikram David Amar describes certain cautionary factors that high-level university administrators should bear in mind before engaging in institutional speech. Dean Amar explains the complexity of institutional speech in higher education and suggests that even well-intentioned speech can lead to unexpected criticism and responses.
Illinois Law dean and professor Vikram David Amar critiques Supreme Court Justice Elena Kagan’s recent use of stare decisis doctrine and reliance interest in her dissenting opinion last term in Ramos v. Louisiana, and again this term in Edwards v. Vannoy. Dean Amar describes the reliance interest theory and explains why Justice Kagan’s reasoning is unusual and dubious.
In this second of a series of columns, Illinois Law dean Vikram David Amar and UC Davis Law professor emeritus Alan Brownstein continue their discussion of why the U.S. Supreme Court’s recent “Most Favored Nation” (MFN) approach to the Free Exercise Clause of First Amendment is troubling on a number of levels. Dean Amar and Professor Brownstein point out that an MFN-style approach is virtually guaranteed to cause geographical inequality because it relies upon fortuitous secular analogues.