Symposium papers from “The Future of History and Tradition” available

In early 2024, the Program in Constitutional Theory, History and Law co-sponsored with the Harvard Law School and the University of Richmond School of Law a symposium on “The Future of History and Tradition.” The symposium, held at Harvard, brought together leading scholars to discuss the Supreme Court’s recent renewed interest in history and tradition as a tool for interpreting and applying the Constitution and the attendant puzzles and challenges that lie ahead. Essays from the symposium have now been published in the Harvard Journal of Law and Public Policy .

Mazzone speaks with Wall Street Journal about state “divorce”

“New Illinois” comprising all counties but Cook may have passed nonbinding votes in 33 of Illinois’s counties, but it is still far from becoming reality according to Professor Jason Mazzone. In an article examining the phenomenon of red counties seeking to divorce from their blue states, the Wall Street Journal shares data and anecdotes driving the movement and quotes Mazzone. ““It seems far-fetched. But we live in uncertain times. So if you’ve got the right people in Congress—and I don’t think we do have the right people in Congress—you could do it,” he said.

Amar and Mazzone publish article on rule of law in Pennsylvania

Are state executive officials in Pennsylvania are allowed, under the state constitution, to decline to enforce a statutory provision if the executive officials conclude that the provision violates the state’s highest law, the state constitution? That’s the primary concern of a new article by Professors Vikram Amar and Jason Mazzone. Writing at Justia Verdict, the pair investigate how the rule of law and precedent should apply to this case and how local officials and justices have failed in equal measure.

Mazzone pens op-ed on presidential election effects on SCOTUS

“In any presidential election, the Supreme Court is on the ballot,” Professor Jason Mazzone writes in the News-Gazette. He details some of the ways in which the election of Donald Trump to a second term might affect the makeup of the Supreme Court. “The first Trump presidency generated a long list of novel legal issues, many of which reached the Supreme Court. Trump’s current bold agenda and the opposition it will produce will mean many more lawsuits in the next four years,” he concludes.

Mazzone speaks with Law.com about remote proceedings

A high-profile sexual harassment trial has made some of the shortcomings of remote court prodeedings apparent and concerning. Not having a court reporter present has led to transcript problems, which can be an important issue according to Professor Jason Mazzone. “It will be the rare case in which an error in a transcript makes a difference in the outcome. But no lawyer wants to have to tell her client that a typo explains the adverse verdict,” Mazzone told Law.com.

Amar and Mazzone recap SCOTUS term at Justia

Professors Vikram Amar and Jason Mazzone take aim at the perception that the Supreme Court has taken a hard-right turn in their latest article written for Justia Verdict. “In the current term, at least, the Court has not been consistently conservative in a partisan way. Nor has the Court been particularly aggressive in taking up and deciding hot-button issues,” they write. Their opinion article examines the 2023-24 session and how a federal circuit court might be more to blame for the misperception of the nation’s highest court.

Mazzone discusses campus speech on WGN Radio

In an extensive interview on the WGN Radio program “Let’s Get Legal,” Professor Jason Mazzone answered a number of questions about free speech on campus and how universities can regulate conduct on their grounds. In the wake of protests at colleges and universities across the country, he addressed the legal issues that protect speech and protect the ability to say when and where that speech is protected. “Universities are not just…a place where anyone can show up and speak,” he told host Jon Hansen. 

Amar and Mazzone explore free speech in high schools in new series

After a North Carolina high school student was suspended for using the term “illegal alien” in an assignment, Professors Vikram Amar and Jason Mazzone look closely at the First Amendment issues arising from the situation. In a two-part series on Justia Verdict, the authors break down the case as if it were being presented before a class of law students, examining what the law says and what precedent exists. Their analysis winds through “how complicated, murky (and unresolved) much of the doctrinal landscape in this realm is,” and how cases like this pose important questions about free speech.

Read part 1 and part 2 on Justia Verdict.

Mazzone pens op-ed on Trump for the News-Gazette

Former President Donald Trump’s bid for a second term is generating a lot of constitutional questions, which is keeping Professor Jason Mazzone busy. Writing at the News-Gazette, Mazzone explores the question of whether a state has the power to exclude a candidate from the ballot because of the insurrection act. He examines what the U.S. Supreme Court ruled in Trump v. Anderson and where his understanding of the Constitution differs from the justices.

Mazzone quoted in multiple outlets on Trump’s ballot case in Illinois

Cook County Judge Tracie Porter’s decision to remove Former President Donald Trump from the 2024 ballot made Illinois one of three states barring him from the ballot. Similar to cases in other states, Trump’s lawyers argued that the insurrection clause doesn’t apply to the president, and the Trump campaign criticized Porter’s decision. Professor Jason Mazzone, a constitutional theory expert, shared his expertise on the topic with Courthouse News and Crain’s Chicago Business, noting prior to their decision that the U.S. Supreme Court might overturn such rulings.

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