How the Coronavirus Crisis Reveals Weaknesses Not Just in America’s Public Health Systems But in Our Constitutional Doctrines

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar explains how the current crisis caused by the novel coronavirus reveals flaws in both America’s public health system and also in the country’s constitutional doctrines. Responding in part to Professor Michael C. Dorf’s column of March 15 urging uniform federal restrictions, Amar expresses doubt as to whether Congress’s powers under Article I of the Constitution permit imposition of such a lockdown in the first place.

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Lyman v. Baker

Docket: 18-2235

Opinion Date: March 31, 2020

Judge: Torruella

Areas of Law: Constitutional Law, Election Law

The First Circuit affirmed the judgment of the district court dismissing Appellants' complaint challenging the constitutionality of the winner-take-all method for selecting presidential electors that the Commonwealth of Massachusetts adopted, holding that Appellants failed to state a claim upon which relief could be granted. Pursuant to its constitutional authority, Massachusetts enacted a statutory scheme that provides for the appointment of electors for president and Vice President on a winner-take-all (WTA) basis. Appellants sued the Commonwealth challenging the constitutionality of the WTA system as applied in Massachusetts, arguing that the WTA method violates their right to an equally weighted vote under the Equal Protection Clause as well as their associational rights under the First and Fourteenth Amendments. The district court dismissed the complaint for lack of standing and failure to state a claim. The First Circuit affirmed, holding (1) Appellants did have standing to bring their claims; but (2) Appellants failed to state a claim for relief under either of their constitutional theories.