The Supreme Court Limbers Up to Aid and Abet Trump’s Coup

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan describes how the U.S. Supreme Court is readying itself to declare Trump the winner of the election. Professor Buchanan points out that no court acting in good faith would apply the text of the Constitution or existing Supreme Court precedents in a way that would allow any of this scheme to see the light of day, but based on what Justice Kavanaugh has written and what Justice Gorsuch strongly suggests, the Court might not even have that minimum amount of good faith.

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If the Challengers Prevail on the Merits of the ACA California v. Texas Case, What is the Appropriate Remedy and What Effect Should the Ruling Have on the Entirety of the ACA? Part Four in a Series

VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE

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.

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The U.S. Supreme Court Cannot Determine the Election Result

AUSTIN SARAT, DANIEL B. EDELMAN

Amherst College Associate Provost Austin Sarat and attorney Daniel B. Edelman argue that there is nothing the Supreme Court can do to prevent governors from certifying slates of electors that actually reflect the vote of the people in their states. Sarat and Edelman explain why Bush v Gore is both inapplicable, and by its own terms, never supposed to be used as precedent.

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Alaska Dept. Health & Soc. Serv, Ofc. of Child Serv. v. Zander & Kelly B. (Foster Parents)

Docket: S-17399

Opinion Date: October 30, 2020

Judge: Peter J. Maassen

Areas of Law: Family Law

The Alaska Office of Children’s Services (OCS) took emergency custody of a three-year-old child and placed him with non-relative foster parents. The child lived with the foster parents for over a year when OCS informed them of its intent to place the child with his grandmother. The superior court allowed the foster parents to intervene in child-in-need-of-aid proceedings (CINA) to contest the placement decision. After a hearing, the court stayed the placement, concluding OCS abused its discretion in deciding the move the child with his grandmother. OCS appealed, arguing the superior court erred in staying its decision. After review, the Alaska Supreme Court concluded the superior court did not abuse its discretion by permitting the foster parents to intervene. Furthermore, the Supreme Court determined the trial court's factual findings were not clearly erroneous, and the court did not err when it decided OCS abused its discretion in its placement decision. Judgment was therefore affirmed.