In (Trial) Courts (Especially) We Trust

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone describe the increasing importance of courts and lawyers in safeguarding and reinforcing the role of factual truths in our democracy. Dean Amar and Professor Mazzone point out that lawyers and judges are steeped in factual investigation and factual determination, and they call upon legal educators (like themselves) to continue instilling in students the commitment to analytical reasoning based in factual evidence, and to absolutely reject the notion that factual truth is just in the mind of the beholder.

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The Rhetoric About a “Decline” in Religious Liberty Is Good News for Americans

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, explains why the rhetoric about a “decline” in religious liberty actually signals a decline in religious triumphalism, and is a good thing. Professor Hamilton describes how religious actors wield the Religious Freedom Restoration Act (RFRA) not as a shield, but as a sword to destroy the lives of fellow Americans.

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Burgum v. Jaeger, et al.

Citation: 2020 ND 251

Opinion Date: November 24, 2020

Judge: Daniel J. Crothers

Areas of Law: Constitutional Law, Election Law, Government & Administrative Law

North Dakota Governor Doug Burgum petitioned the State Supreme Court to exercise its original jurisdiction and issue declarations and a writ of mandamus concerning who appoints the replacement after the pre-election death of a candidate for an office in the Legislative Assembly. Four candidates appeared on the 2020 general election ballot for two available seats for the office of State Representative for District Eight. The prior officeholder died in October 2020, twenty-nine days before the election, and after ballots were printed and early voting had begun. The North Dakota Secretary of State requested an advisory opinion from the state Attorney General on what to do about votes cast for the deceased candidate. The Attorney General responded stating that the North Dakota legislative assembly would follow the procedure codified in N.D.C.C. 16.1-13-10: "Upon the application of state law and the 'American’ rule, it is my opinion that this would be the appropriate method to fill a vacancy." Election day totals showed Dave Nehring received the most votes and David Andahl received the second most votes. In accordance with the Attorney General's Opinion, the election results were certified but no certificate of election was issued to Andahl because of his death. Officials for the District Eight Republican Committee announced their intention to appoint an individual to fill the office. Kathrin Volochenko received the third most votes. She intervened in this case and claimed no vacancy in office would exist because she was elected to the office. On December 1, 2020, Nehring was set to fill one of the seats because he received the most votes. Andahl received the second most votes, and he presumably would have filled the other seat but died and will not do so. Therefore, as a matter of law, a vacancy would exist on December 1, 2020. When a vacancy in office occurs, the Governor’s constitutional authority to fill it is contingent upon there being “no other method” provided by law. A governor does not have authority to fill a legislative branch vacancy unless the gap-filling authority of N.D. Const. art. V, section 8 permits it. The Supreme Court declared a vacancy in office would exist on December 1, 2020, and the Governor did not have statutory or constitutional authority to make an appointment to fill the vacancy in this case. "He has not established a clear legal right to performance of the acts he seeks. Therefore, a writ of mandamus is not warranted. We deny the requested relief."