Corey Brettschneider  //  6/16/17  //  Quick Reactions


President Trump has asked the Supreme Court to lift the orders preventing him from implementing his revised travel ban. Nelson TebbeMicah Schwartzman and I, along with a large group of constitutional law scholars, have filed a brief opposing Trump's motion.

In our filing at the Supreme Court, we argue that the travel ban is an unconstitutional violation of the Establishment, Equal Protection, and Free Exercise Clauses. We demonstrate why Trump's recent tweets constitute additional evidence for his animus-based motivation. And we respond to the government's argument that the 4th Circuit engaged in a novel, unjustified expansion of the Establishment Clause.

Thanks to distinguished lawyer Roberta Kaplan and her team for drafting a terrific brief.


On The Travel Ban The Supreme Court Says: Stay Tuned

6/26/17  //  Quick Reactions

Some quick thoughts on the Supreme Court's actions on the travel ban.

Leah Litman

U.C. Irvine School of Law

It's All About that Stay (and Its Surprising Limits)

6/26/17  //  Quick Reactions

Preliminary thoughts on the Supreme Court's travel ban order.

Marty Lederman

Georgetown Law

Animus Revisited: DOJ Fails To Explain Change in Position on Relevance of Campaign Statements

6/23/17  //  In-Depth Analysis

DOJ can't distinguish a case from 1995 in which it took a diametrically opposed view on the relevance of campaign statements.

Jim Oleske

Lewis & Clark Law School