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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Holland v. State

Docket: W2018-01517-SC-R11-PC

Opinion Date: October 2, 2020

Judge: Bivins

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the Court of Criminal Appeals to remand this case and reinstated the post-conviction court's denial of Petitioner's petition for post-conviction relief, holding that the Court of Criminal Appeals was without authority under the Post-Conviction Procedure Act to remand this case for consideration of an issue that was not raised by either party. Petitioner pled guilty to attempted first-degree murder and especially aggravated robbery. Petitioner was sentenced to seventeen years' imprisonment to be served concurrently with a previously imposed federal sentence and consecutive to a state sentence. Petitioner later filed a petition for post-conviction relief. The post-conviction court denied the petition. The Court of Criminal Appeals affirmed the denial of the petition but remanded the case for an evidentiary hearing to consider whether Petitioner was advised of the consequences of entering a guilty plea based upon the agreement that his state sentence be served concurrently with his prior federal sentence. The Supreme Court reversed, holding that because Petitioner did not raise the concurrent sentencing issue in his post-conviction petition, during his hearing, or on appeal, the issue was waived.