Tag Archives: political question
Assessing the Federal Lawsuit Brought by Former Illinois Governor Rod Blagojevich to Challenge his Disqualification from Holding Future State Office

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.

U.K. Supreme Court Prorogation Judgment Exemplifies Representation-Reinforcing Judicial Review

Cornell law professor Michael C. Dorf comments on the recent unanimous decision by the U.K. Supreme Court ruling that Prime Minister Boris Johnson acted unlawfully in asking the Queen to prorogue Parliament. Dorf explains how that ruling highlights the error of the U.S. Supreme Court’s recent ruling in Rucho v. Common Cause, in which the Court declined to intervene in a political gerrymandering case, citing the so-called political question doctrine.

Advice for State Courts in the Aftermath of Rucho

Illinois law dean and professor Vikram David Amar discusses the U.S. Supreme Court’s decision in Rucho v. Common Cause, in which the Court held that disputes over partisan gerrymandering are political questions that are beyond the competence of federal courts to resolve. Amar argues that while state courts may attempt to process partisan gerrymandering claims under state statutes and state constitutional provisions, they would need to do so not under the federal Constitution but under independent and adequate state-law grounds.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more