Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Pinkwashing the Supreme Court

7/2/20  //  Commentary

The Court’s LGBTQ rulings should not distract from the broader trajectory of its jurisprudence in favor of the privileged.

Take Care

Espinoza and the Continued Evisceration of the Establishment Clause

7/1/20  //  In-Depth Analysis

Espinoza leaves us with a gluttonous Free Exercise Clause, and a starved Establishment Clause.

Espinoza v. Montana Department of Revenue – Requiem for the Establishment Clause?

7/1/20  //  In-Depth Analysis

Those who still believe that the Constitution precludes state involvement in promoting religious thought and experience now have some work cut out for them

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Republican Hoopla About Trump Judicial Confirmations Ignores the Important Facts

6/30/20  //  Commentary

I've found 79 cases where Trump-nominated appeals court judges have written or joined opinions that are so extreme that even other Republican-appointed judges have disagreed with them

Elliot Mincberg

People For the American Way

Religious Discrimination And Racial Discrimination

6/30/20  //  Quick Reactions

The Court’s decision in Espinoza is similar to the trajectory of the law of racial discrimination in some respects, it also offers a striking contrast in others

Leah Litman

Michigan Law School

June Medical As The New Casey

6/29/20  //  Quick Reactions

As in prior abortion cases, the Chief Justice gave abortion supporters a victory while at the same time laying the groundwork for much weaker protections for abortion rights.

Leah Litman

Michigan Law School