As legal scholars have debated for weeks over the constitutionality of California's upcoming recall election, many legal scholars agree, Dean Vikram Amar among them, that the current recall process would survive any legal challenges.

Amar said courts have long permitted rules that limit ballot access as long as they are reasonable and not overtly discriminatory.

“California’s voting process might be unwise or needlessly confusing, but it is not unconstitutional in the way critics have recently charged,” wrote Amar and University of Michigan constitutional law professor Evan Caminker this month on an online forum for legal commentary.

Amar also doubted that all the criticism of the recall process that Democrats and some legal scholars are now voicing will lead to actual reform after the election. The recall of Davis prompted similar calls for reform, but the recall law remains intact, he said.

“These things aren’t sexy, and they don’t have a constituency behind them,” Amar said. “You are not going to win an election by doing these really mundane, housekeeping things.”

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