Daily Update

As the Supreme Court prepares to hear oral argument in litigation challenging the Trump Administration’s “Muslim ban,” the Department of Homeland Security is moving ahead with plans to establish a National Vetting Center that is supposed to establish tighter restrictions on screening foreigners. The Department of Education has shut down dozens of investigations into complaints of racial discrimination in school discipline. Thousands of Puerto Rican families displaced by Hurricane Maria have had to repeatedly face deadlines that would cut off federal assistance in providing temporary housing. The Senate Foreign Relations Committee signaled its approval of Mike Pompeo’s nomination as Secretary of State, following a late intervention by President Trump.

Zachary Piaker

Columbia Law School

Versus Trump: Trump Versus California

4/26/18  //  Commentary

On a new episode of Versus Trump, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuit seeks to prevent the state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Magic-Words Thinking in Trump v. Hawaii -- or, How Not to Assess Governmental Motive

4/25/18  //  Commentary

Giving President Trump the benefit of the doubt is one thing. Fictionalizing an account of his motive so as to avoid reaching a certain conclusion is something else.

Richard Primus

University of Michigan Law School

SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu

4/25/18  //  Commentary

Korematsu holds that in a case like this one the obligation to strictly scrutinize invidiously discriminatory policies remains even when the government asserts a facially plausible national security justification.

Michael C. Dorf

Cornell Law School

It’s the Legacy of the Roberts Court—not the Travel Ban—at Stake

4/24/18  //  Commentary

When future generations judge a particular composition of the Supreme Court, a major failure can become that Court's defining feature, overshadowing substantial contributions to the law.

Amir Ali

Roderick & Solange MacArthur Justice Center

#MeToo Paper Series (Part III)

4/24/18  //  Uncategorized

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

U.C. Irvine School of Law

This Week’s Blockbuster SCOTUS Cases Share a Troublesome Common Issue

4/24/18  //  Commentary

Both the travel ban case and the Texas redistricting litigation raise questions about the staying power of discriminatory intent.

Justin Levitt

Loyola Law School