//  6/14/17  //  Commentary

This morning I published an op-ed in The Guardian discussing Emoluments Clause lawsuits filed by CREW, DC & Maryland, and 196 Members of Congress.  I touch on both standing and merits issues, and set the cases in a broader framework.

Here's an excerpt from the introduction:

When President Donald Trump announced his Muslim Ban on January 27, pandemonium erupted. Lawyers everywhere raced to airports. Galvanized by Trump’s threat to liberty, they rapidly assembled legal theories and commenced a still-unbroken siege of Trump’s bigoted policy. As attorneys stockpiled caffeine, the American people rallied by moonlight outside terminals and federal courts.

The legal response to Trump’s Emoluments Clause violations has taken shape more slowly. And understandably so. Until recently, most Americans had never heard of “emoluments.” Only in the past few months – aided by creative public artand a high-profile lawsuit – has the public come to appreciate that Trump’s conflicts are forbidden by the Constitution.

It’s no coincidence that this arcane issue has newfound salience. We’re now witnessing kleptocracy on an unprecedented scale in America. And there’s barely even a fig leaf of cover. Trump has openly enmeshed his private financial interests in national policy. To say that this creates an appearance of corruption would be far too polite. This is the real deal: sketchy dealings all the way down.

Until recently, a rough bipartisan consensus would have thwarted such open corruption. But it’s now clear that the Republican Party has made a deal with the Devil, trading integrity (their own and the government’s) for a shot at long-held dreams. Surprising nobody, the Devil is already far ahead in this stupid, crooked bargain.

But if recent events are any sign, the public will not stand idly by as Trump turns our nation into a banana republic ... 

You can read the full op-ed here.


Versus Trump: Versus Whitaker, In-Depth

12/6/18  //  Uncategorized

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Are We All Textualists Now?

12/5/18  //  Commentary

Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.

Neil J. Kinkopf

George State University College of Law

More on the Unprincipled Nature of the Senate: Further Conversation with Professor Dorf

11/28/18  //  In-Depth Analysis

To persuade people that the Senate makes no sense, it’s necessary to shoot down a lot of possible defenses of the existing system

Richard Primus

University of Michigan Law School