//  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


Birth Control Is Not Abortion

9/7/18  //  Quick Reactions

By Greg Lipper: At his confirmation hearing, Judge Kavanaugh used the phrase “abortion-inducing drugs" while referring to a case he heard on the DC Circuit. This description of the case is at odds with modern science and suggests his hostility to foundational privacy precedents.

Take Care

Versus Trump: How Bad Is It?

9/6/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie ask the question that so many of us ask frequently: how bad is the Trump Administration? Is it better or worse than we should have expected back on election night in 2016? Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Kavanaugh, Foreign Agents, and American Elections

9/5/18  //  Commentary

Because of a 2011 case called Bluman v. FEC, written by Judge Brett Kavanaugh, a great deal of electoral interference by Russian agents in 2016 may have been legally authorized

Justin Levitt

Loyola Law School