Constitutional Problems With the Kentucky Proposal (Supported by Mitch McConnell) to Change the Way U.S. Senate Vacancies Are Filled

VIKRAM DAVID AMAR

In this second of a series of columns, Illinois Law dean and professor Vikram David Amar comments on the Kentucky proposal to change the way U.S. Senate vacancies are filled. Dean Amar argues that the Seventeenth Amendment precludes such a proposal, which would allow the state legislature to substantively constrain the governor’s choices in making a temporary appointment.

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Aubert v. Wilson, f/k/a Aubert

Docket: S-17573

Opinion Date: March 26, 2021

Judge: Borghesan

Areas of Law: Family Law, Trusts & Estates

Debra Wilson and David Aubert married in September 2007. They separated ten years later, in June 2017. They had no children together, but each had adult children from prior marriages. Debra filed for divorce in July 2017. At Debra’s request, the court bifurcated the divorce from the property division. In July 2018 the court entered a decree of divorce and ordered that property and debt distribution would be determined at a later trial. A month after the divorce decree, but several months before the property division trial, David died. The personal representative of his estate, his daughter Laura Aubert, substituted as a party. After trial, the superior court divided the marital property 90% to 10% in favor of the wife. The husband’s estate appealed, arguing the court improperly classified, valued, and allocated various property. In particular, the estate challenged the unequal allocation of the marital property. The Alaska Supreme Court held that, as a general matter, the superior court did not abuse its discretion in awarding a disproportionate share of the marital property to the wife in light of her greater needs. But because the superior court erred in classifying several items, the Supreme Court reversed or vacated some of its rulings and remanded for further proceedings.