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The Latest Breaking News from Akhil Amar

Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

The states do not need Section 3 to impose qualifications on state-created positions. But only the national government should decide questions about the President.

Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"

Justice Gorsuch demonstrates that he is the Court's most careful, consistent textualist.

"Seven Questions on Section 3: A Response to Professor Kurt Lash"

A reply to Prof. Kurt Lash's response to the brief by Profs. Akhil Amar & Vikram Amar.

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Section Three and the "First Insurrection" … That Wasn't

[Prof. Kurt Lash (Richmond), who is a leading legal historian of the Fourteenth Amendment, was kind enough to pass along this response to an amicus brief by Profs. Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. Anderson, and I'm delighted to have it published here. As…

Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

Their amicus brief endorses the view that members of state legislatures are officers. They took the exact opposite position in 1995 and in subsequent publications.

Calabresi: The Amar Brief in Moore v. United States Should Not be Embraced

Is a Federal Wealth Tax a Direct Tax? Steven Calabresi Responds to the Amar Amicus Brief in Moore.

Donald Trump Should be on the Ballot and Should Lose

In a prior blog post, I argued that Donald Trump should be kept off the ballot for the 2024 presidential election because of the Insurrection Clause of Section 3 of the Fourteenth Amendment. I have now changed my mind and have concluded that since Trump was not "an officer of…

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Professor Akhil Amar, On His Podcast, Responds to Attorney General Mukasey and the Tillman-Blackman Position

Section 3 civility outside and inside Yale Law School.

Conversation with Akhil Amar about Section Three of the Fourteenth Amendment

A few weeks ago I linked to a new draft article with Michael Stokes Paulsen, The Sweep and Force of Section Three, forthcoming in the Pennsylvania Law Review. The article argues that Section Three of the Fourteenth Amendment has continuing, self-executing, legal force and a relatively broad substantive sweep, and…

Samuel Alito, a workhorse on the Supreme Court, shapes its conservative path

Samuel Alito, a workhorse on the Supreme Court, shapes its conservative path

The justice has played a key role on the court, often leading the charge not just on abortion, but for expanded religious rights, against LGBTQ rights, against expanded voting rights, and more

Sherif Girgis on the Draft Dobbs Opinion and Its Critics

An assessment of claims that Justice Alito's draft opinion rests on historical error, provides no meaningful basis for distinguishing abortion from other unenumerated rights, and forecloses constitutional protection of the mother's life.

Akhil Amar on the Draft Dobbs Opinion

A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.

Amar and Amar on Independent State Legislatures

forthcoming in the Supreme Court Review

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