Battle for the Constitution: Week of November 9th, 2020 Roundup

Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.

The Fallout of a SCOTUS Health-Care Decision Could Be Quick, Devastating, and Irreversible

By Nicholas Bagley, Professor of Law, University of Michigan Law School

Nicholas Bagley provides an overview of California v. Texas, a case about the Affordable Care Act (ACA) that the Supreme Court recently heard arguments on, and describes the regulatory, fiscal, and human damage a ruling to strike down the ACA would cause.

Trump Needs Three Consecutive Hail Mary Passes

By Richard L. Hasen, Chancellor’s Professor of Law and Political Science, University of California, Irvine

Richard L. Hasen explains how Donald Trump’s election lawsuits are meritless and will not change any outcomes, but will still do a great harm to democracy.

No Self-Respecting Lawyer Should Touch Trump’s Election-Fraud Claims

By Bradley P. Moss, Lawyer, Mark S. Zaid, P.C. and Joanne Molinaro, Lawyer, Foley & Lardner

Bradley P. Moss and Joanne Molinaro argue that lawyers are risking their professional reputation by taking on Donald Trump’s frivolous lawsuits alleging fraud in the election without evidence.

Congress Needs to End This, Now

By Kim Wehle, Professor of Law, University of Baltimore School of Law

Kim Wehle writes that Congress must step in and initiate oversight hearings of the General Services Administration, whose leader has declined to certify Joe Biden as the President-Elect, to help initiate a smooth transfer of power.