Daily Update

Reports emerge about controversial document requests by Special Counsel Robert Mueller. The President is reportedly reviewing a security report that may serve as the basis of a new or revised Muslim travel ban.

DOJ's Unconvincing New Definition of 'Emolument'

9/23/17  //  In-Depth Analysis

The President's reply brief in CREW v. Trump offers a new (and flawed) definition of 'emoluments'

Marty Lederman

Georgetown Law

An Apology to Tillman and Blackman

9/22/17  //  Uncategorized

Regarding their treatment of the Hamilton 'Condensed Letter'

Jed Shugerman

Fordham Law School

Graham-Cassidy Is Unconstitutional

9/22/17  //  Commentary

Graham-Cassidy has a constitutional flaw: the funding formula for the block grants to states that form the bill’s core is unconstitutional.

Michael C. Dorf

Cornell Law School

Versus Trump: The FOIA Spectacular!

9/21/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The Stakes for Civil Rights in the Funding Fight Over Sanctuary Cities

9/21/17  //  In-Depth Analysis

There's reason to be wary of the argument that Congress has to “unambiguously” state funding conditions in the text of statutes.

Leah Litman

U.C. Irvine School of Law

Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny

9/21/17  //  In-Depth Analysis

A sleeper issue is brought center stage by two leading religious liberty scholars

Jim Oleske

Lewis & Clark Law School