Latest Case: Perez v. Cain (Constitutional Law)

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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Perez v. Cain

Docket: S067002

Opinion Date: October 1, 2020

Judge: Garrett

Areas of Law: Constitutional Law, Criminal Law, Juvenile Law

Petitioner Ernie Perez pled guilty in 2005 to two aggravated murders that he had committed at the age of fourteen. In 2016, he filed a petition for post-conviction relief raising constitutional claims premised on the Oregon Supreme Court’s interpretation of ORS 419C.349, a statute governing when a juvenile defendant could be waived into adult court, in Oregon v. J. C. N.-V., 380 P3d 248 (2016). The post-conviction court concluded that petitioner’s claims were barred by the claim preclusion rule in ORS 138.550(3) because petitioner could reasonably have raised those claims in an earlier petition that he had filed in 2008. For similar reasons, the post-conviction court held that the claims were barred by the statute of limitations set out in ORS 138.510(3). The Court of Appeals affirmed. The Oregon Supreme Court granted certiorari review to address petitioner's argument that his claims could not reasonably have been raised prior to J. C. N.-V., thereby allowing him to escape the statute of limitations in ORS 138.510(3). The Supreme Court determined petitioner’s claims were indeed barred by ORS 138.550(3) because he failed to show that he could not reasonably have raised those claims at the time of his 2008 petition. The Court therefore affirmed the decision of the Court of Appeals and the judgment of the post-conviction court.