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 fourth of a series of columns examining the California v. Texas case challenging the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone consider what the appropriate remedy should be if the challengers prevail on the merits of the case. The authors explain why enjoining the 2017 amendment, which zeroed out the potential tax penalty for failure to maintain the specified health insurance coverage, is a more appropriate remedy than striking down the entire ACA.
In this first of a series of columns, Illinois law professors Jennie Pahre, Jennifer Robbennolt, and Lesley Wexler discuss the legal mechanism of cy pres—by which a court decides a remedy based on how closely it serves the intended purpose (originally from the law of trusts)—a mechanism the U.S. Supreme Court has expressed interest in resolving but about which the Court (in a per curiam opinion) described some reservations. The authors offer restorative justice as a way to answer some of those lingering questions about the remedy and to better tie cy pres to its intended purposes.