Take Care

Ensuring the President “shall take Care that the Laws be faithfully executed”

Daily Update

The Department of Homeland Security has undertaken a zero-tolerance immigration policy, separating children from their parents. Attorney General Jeff Sessions narrowed eligibility for asylum to victims of domestic violence and expanded the universe of families who fall victim to the administration’s policy of separating families. The Supreme Court sidestepped decisions on partisan gerrymandering, ruling against the challengers. President Trump directed Pentagon officials to move towards a “space force” that would become the sixth branch of the military. President Trump is expected to nominate Kathy Kraninger as CFPB director—the nomination, under the Federal Vacancies Reform Act, extends Mick Mulvaney’s tenure as Acting Director.

Derek Reinbold

No, President Trump, You Are Not Above the Law

6/19/18 // In-Depth Analysis

The Constitution gives the president broad powers to pardon people and direct Justice Department investigations — but it does not give him the power to undermine the democratic safeguards enshrined there.

Amanda Shanor

Yale Law School

Justice Gorsuch, Kippahs, and False Analogies in Masterpiece Cakeshop

6/19/18 // In-Depth Analysis

The Court’s newest member embraces a troubling “both sides” argument

Jim Oleske

Lewis & Clark Law School

That Bible Parable About The Plague of Tort Attorneys Who Sued The Border Patrol, ICE Officers, and DHS Bureaucrats

6/19/18 // Commentary

By Kari Hong: Calling all the ambulance chasers to address this administration's mistreatment of migrants.

Take Care

Impeachment: Partisan Warfare or Defending the Constitutional Order?

6/19/18 // In-Depth Analysis

We must be able to recognize harm to the constitutional order on a bipartisan basis for impeachment to serve its proper constitutional function. But how often is that the case?

Gillian Metzger

Columbia Law School

Beckles v. US As Anti-Canon

6/18/18 // Quick Reactions

Today's federal sentencing opinions create even more tension between the Court's sentencing jurisprudence and Beckles v. United States.

Leah Litman

U.C. Irvine School of Law

Preliminary Thoughts on the Summary Judgment Motions in the Harvard Affirmative Action Lawsuit

6/18/18 // In-Depth Analysis

The plaintiff is attempting to link two practices that need not be coupled. One is discrimination against Asian Americans. The other is affirmative action.

Nancy Leong

Sturm College of Law