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, 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 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 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.

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 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 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.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone examine the current term of the U.S. Supreme Court, addressing common criticisms that the Court has become a partisan, far-right institution aggressively pushing a conservative agenda. Professors Amar and Mazzone argue that, contrary to these criticisms, the Court’s decisions in the 2023-24 term have not been consistently conservative or partisan, and that many of the high-profile cases were essentially thrust upon the Court rather than actively sought out, suggesting a more nuanced and less ideologically driven approach than critics claim.

In this second of a two-part series of columns discussing a recent incident at a North Carolina high school where a student was suspended for using the term “illegal alien” in class, UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone explore how the dispute might be analyzed applying only the Supreme Court’s seminal decision in Tinker v. Des Moines Independent School District. Professors Amar and Mazzone argue that while schools have some authority to regulate disruptive student speech under Tinker and Hazelwood v. Kuhlmeier, the student’s suspension here likely violated due process because he lacked clear prior notice that using this term, which appears in Supreme Court opinions and federal statutes, was prohibited.

In this first of a two-part series of columns discussing a recent incident at a North Carolina high school where a student was suspended for using the term “illegal alien” in class, UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone explain the relevant First Amendment case law surrounding student speech in public K-12 schools. Professors Amar and Mazzone suggest that under the Supreme Court’s decision in Hazelwood School District v. Kuhlmeier, which allows schools broad authority to regulate student speech that occurs within the curriculum, the school may have been justified in disciplining the student, but they note that there are still some unresolved questions and complexities that they will address in Part II of their analysis.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone coment on the U.S. Supreme Court’s recent ruling in Trump v. Anderson holding that states cannot enforce Section 3 of the Fourteenth Amendment to bar former President Donald Trump from primary election ballots due to his alleged role in the January 6 Capitol breach. Professors Amar and Mazzone argue that the Court’s reasoning, primarily based on concerns about nationwide ballot uniformity in presidential elections, is flawed because it fails to properly consider the Constitution’s overall design, which grants states significant autonomy in running presidential elections and selecting electors.

UC Davis Law professor Vikram David Amar, Illinois Law professor Jason Mazzone, and Illinois Law’s First Amendment Clinic director Lena Shapiro examine the legal intricacies and constitutional debates surrounding a federal district court’s dismissal of the Disney Corporation’s lawsuit against Florida officials, in which Disney alleges retaliatory action for Disney’s criticism of Florida laws by changing the governance of the land regulating Disney World. The authors highlight the complexity of First Amendment issues involved, the precedent set by prior cases, and the broader implications for speech regulation and governmental retaliation, suggesting areas for deeper academic exploration.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone comment on a federal lawsuit filed by the Republican National Committee and the Republican Party of Mississippi, among others, challenging Mississippi’s law that counts mail-in ballots postmarked by Election Day but received within five business days thereafter for federal elections. Professors Amar and Mazzone argue that this lawsuit is unlikely to succeed due to the implausibility of its legal theory, highlighting the distinction between the act of voting and the counting of votes, and underscoring the constitutional and statutory framework that grants states broad leeway in election administration, including the acceptance of mail-in ballots.

Illinois Law dean Vikram David Amar and professor Jason Mazzone comment on another free-speech controversy related to a student-invited speaker at the University of Pittsburgh. Dean Amar and Professor Mazzone describe the demand letter sent to Pitt officials by the Alliance Defending Freedom and explain why some of their arguments are on solid legal ground while one is tenuous at best.

Illinois Law dean Vikram David Amar and professor Jason Mazzone comment on a recent decision by the U.S. Court of Appeals for the Fourth Circuit involving the admissions policy at a school in Virginia. Dean Amar and Professor Mazzone argue that while it’s not clear whether the U.S. Supreme Court will review this case, the issue the case raises is likely to be one the Court takes up soon.

Illinois Law Dean Vikram David Amar and Professor Jason Mazzone argue that, in light of the North Carolina Supreme Court’s “switcheroo” regarding partisan gerrymandering, the U.S. Supreme Court should immediately grant certiorari in Huffman v. Neiman to resolve the question of “Independent State Legislature (ISL) theory. Dean Amar and Professor Mazzone point out that the intense litigation pressure of today’s presidential elections and the shaky stature of the present Supreme Court together strongly support the Court acting quickly to resolve this pressing issue.

In this second of a series of columns in response to the Stanford Law School controversy involving disruption of a federal judge’s speech, Illinois Law dean Vikram David Amar and professor Jason Mazzone offer additional thoughts about how to design a training session about the freedom of speech and norms of the legal profession should include. Specifically, Dean Amar and Professor Mazzone discuss (1) when and how educational institutions should themselves speak, (2) the best ways to register disagreement with offensive speakers and messages, and (3) what schools should do about students who say they feel genuinely harmed or unsafe when certain kinds of speakers are present.

In response to the Stanford Law School controversy involving disruption of a federal judge’s speech, Illinois Law dean Vikram David Amar and professor Jason Mazzone offer thoughts about how to design a training session about the freedom of speech and norms of the legal profession should include. In this first of a series of columns, Dean Amar and Professor Mazzone focus on two key topics: (1) What, precisely is “shouting down” of a speaker, and why can such activity be prohibited and punished? And (2) What About the Venerable Tradition of “Civil Disobedience”?