//  4/5/18  //  Quick Reactions

While at Harvard Law School on Tuesday, I delivered a talk entitled "The Legal Resistance to Trump."  You can watch it here.  I am grateful to the HLS Forum for hosting this event. 

I had five primary goals in my talk:

(1) to describe respects in which the legal response to Trump is unique; 

(2) to explain why we've already seen such an extraordinary barrage of litigation against Trump;

(3) to identify strategic objectives common to many Trump-related lawsuits; 

(4) to evaluate the judicial response to suits against the Trump Administration; and 

(5) to warn against fantastical expectations that lawyers will save American democracy.

As you'll see, I was less interested in the details of any single litigation than in extrapolating cross-cutting themes, lessons, and strategies from several dozen lawsuits. The talk is a reflection of my ever-evolving perspective on the role that lawyers can (and should) play in seeking to defend democracy in the age of Trump. I hope you enjoy it and I welcome your feedback


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

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

The DACA Decision is Trouble for Discrimination Law

6/24/20  //  Commentary

The Dreamers’ victory has been celebrated as a sign that the Court is above partisanship and willing to serve as a check on executive branch abuses. But the price of that victory was a defeat for the Constitution’s guarantee of equal protection.

Jessica Clarke

Vanderbilt Law School