Reflections on the Pending Supreme Court Challenge to the Affordable Care Act in California v. Texas: Part One in a Series

VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE

In this first of a series of columns on the latest prominent challenge to the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone examine the stare decisis effects of the Supreme Court’s initial blockbuster decision involving the ACA. The authors demonstrate several, perhaps surprising, ways that the earlier decision should shape how the Court views the present challenge.

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Evans v. Kahele

Docket: SCEC-20-0000507

Opinion Date: October 2, 2020

Judge: Per Curiam

Areas of Law: Election Law

The Supreme Court dismissed Plaintiff's complaint contending that the Supreme Court should strike Kaiali'i Kahele as a democratic candidate for the office of U.S. Representative, District II, holding that Plaintiff presented no set of facts that would entitle him to the requested relief. Plaintiff Brian Evens was one of four candidates in the democratic primary election of the the office of U.S. Representative, District II in the August 8, 2020 primary election. The election results had Kahele receiving the most votes. In his complaint, Evans argued that Kahele conspired to deprive the other candidates of their right to a fair race and the public's knowledge of the candidates. The Supreme Court granted the Chief Election Officer's motion to dismiss, holding that Plaintiff failed to establish that he was entitled to relief and that Kahele's name shall be placed on the ballot as the democratic candidate in the November 2020 general election.

Famera-Rosenzweig v. Kahele

Docket: SCEC-20-0000508

Opinion Date: October 2, 2020

Judge: Per Curiam

Areas of Law: Election Law

The Supreme Court granted the Chief Election Officer's motion to dismiss Plaintiff's election complaint, holding that the Court could not grant the relief requested. Plaintiff Ashley Famera-Rosenzweig was one of four candidates in the democratic primary election for the office of U.S. Representative, District II in the August 8, 2020 primary election. Kahele received the highest number of votes in the election, and Plaintiff received the least. In her complaint, Plaintiff asked the Supreme Court to strike Kahele's name from the ballot, alleging that Kahele's voluntary assignment with the National Guard prior to the election was a tactical move to prevent all candidates from participating in appearances and debates with media networks. The Supreme Court dismissed the action, holding that Plaintiff presented no set of facts that would entitle her to the requested relief.