Daily Update

The House of Representatives passed the Republican tax reform proposal. Richard Cordray has announced his impending resignation as director of the Consumer Financial Protection Bureau. The Federal Communications Commission voted along party lines to eliminate rules limiting the ability of broadcast media outlets to merge. Senate Judiciary Committee Chairman Chuck Grassley (R-IA) announced that he would begin holding hearings on certain judicial nominees without “blue slips” from home state senators. The Senate Judiciary Committee announced that Jared Kushner had undisclosed contacts with Wikileaks and individuals tied to the Russian government.

Versus Trump: Borderline Searches + Response To First Mondays

11/16/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's electronic devices at the U.S. border, and they also respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

D.C. and Maryland Have Standing to Sue for Emoluments Clause Violations

11/16/17  //  Commentary

On Tuesday, we and 18 other law professors submitted an amicus brief in federal district court arguing that the District of Columbia and Maryland have standing to pursue their constitutional claims.

Seth Davis

U.C. Irvine School of Law

Daniel Hemel

University of Chicago Law School

The Brutal Math of Repealing the Individual Mandate

11/16/17  //  Commentary

Is the country really better off if millions of people forgo medical care, and millions more go bankrupt, so that corporations can pay lower taxes? That’s not a rhetorical question. Those are the stakes of the game.

Nick Bagley

University of Michigan Law School

Hargan v. Garza And The (Near) Future Of Abortion Access

11/16/17  //  Commentary

Hargan v. Garza is but one instance in a broader attack on abortion access.

Leah Litman

U.C. Irvine School of Law

Doubling Down on a Deeply Troubling Argument in Masterpiece Cakeshop

11/14/17  //  In-Depth Analysis

Tom Berg and Douglas Laycock defend a novel theory that could eviscerate civil rights laws

Jim Oleske

Lewis & Clark Law School

Hargan v. Garza As The Trump Administration's Vision For DOJ

11/13/17  //  Commentary

DOJ's conduct in Hargan v. Garza is the clearest example of how this administration wants to use DOJ for political purposes.

Leah Litman

U.C. Irvine School of Law