//  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


Versus Trump: Should Democrats Try And Pack The Supreme Court?

3/19/20  //  Commentary

On this week’s Versus Trump, Jason talks with Aaron Belkin and Matt Lehrich of Take Back The Court. They talk about Aaron's idea for the Democrats to add four seats to the U.S. Supreme Court in response to what he sees as two "stolen" seats. Listen now!

Red State Legislatures Cannot Cancel The Upcoming Presidential Election

3/17/20  //  In-Depth Analysis

Some are worrying about Republican-controlled legislatures eliminating the right to vote in a presidential election and just appointing Trump-supporting electors themselves. Don't worry: not only is the scenario unlikely, it couldn't legally happen.

June Medical Symposium: The History Behind Third Party Standing Arguments

2/26/20  //  Commentary

In the third post in our Symposium on June Medical, Professor Mary Ziegler links Louisiana's argument that doctors lack standing to litigate cases related to abortion with a broader shift in litigation tactics by those opposed to abortion. And she wonders whether a reversal of precedent on standing doctrine could lead inevitably to the end of Casey and Roe.

Take Care