Reflections on the Pending Supreme Court Challenge to the Affordable Care Act in California v. Texas: Part One in a Series

VIKRAM DAVID AMAR, EVAN CAMINKER, JASON MAZZONE

In this first of a series of columns on the latest prominent challenge to the Affordable Care Act (ACA), Illinois law dean Vikram David Amar, Michigan Law dean emeritus Evan Caminker, and Illinois law professor Jason Mazzone examine the stare decisis effects of the Supreme Court’s initial blockbuster decision involving the ACA. The authors demonstrate several, perhaps surprising, ways that the earlier decision should shape how the Court views the present challenge.

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Cross v. Georgia

Docket: S20A0717

Opinion Date: August 10, 2020

Judge: David E. Nahmias

Areas of Law: Constitutional Law, Criminal Law

Appellant Brandon Cross was convicted in 2003 of malice murder and other crimes in connection with the death of Debra Hymer. On appeal, he argued the trial court erred: (1) by declining to allow him to impeach the hearsay statements of his co-conspirator Jessica Cates; (2) by failing to charge the jury as to the burden of proof for co-conspirator statements; and (3) by admitting three autopsy photographs and a video recording of the crime scene. He also argued he should have been granted a new trial because the record was insufficiently comple