//  6/8/18  //  Commentary

After the Court handed down Masterpiece Cakeshop, I wrote a quick post on this blog in which I argued that "several aspects of the Court’s opinion in Masterpiece Cakeshop that, if taken seriously, would dispose of several of the government’s arguments in the entry ban litigation (Trump v. Hawaii).  I recently expanded on the post in a piece for the National Law Journal, which you can read here.  I noted the caveat that:

The court is not always consistent in its reasoning.  And there are ways one could distinguish the entry ban case from Masterpiece Cakeshop, though none of them are especially persuasive.  Yes, the entry ban pertains to immigration, but immigration is not a Constitution-free zone.  Likewise, the entry ban challenge involves the president rather than a state official, but the president is bound by the First Amendment to the Constitution just as state officials are. And while some of the president’s animus-laden statements happened before the entry ban, he never disavowed them, and instead implicitly affirmed them by insisting that the entry ban fulfills promises he had made.



The DACA Trap

11/6/19  //  Commentary

The Supreme Court will hear arguments next week in a case about whether the Trump Administration can revoke DACA. But progressives ought to be wary of the long-term effects of prevailing. A win here could very well make it very hard to undo the lax enforcement policies of the current Administration.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Trump's No Good, Very Bad Day

10/17/19  //  Uncategorized

On this week’s Versus Trump, Jason and Easha break down President Trump's bad day in court on Friday, October 11. On that day, he lost three different lawsuits: one on the "public charge" immigration rule, one on Congress's subpoena power, and one on border wall funding. Listen now!

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Versus Trump: An Impeachment Primer...

10/3/19  //  In-Depth Analysis

Gotcha! No impeachment dessert until you eat your immigration broccoli. On this week’s Versus Trump, Easha (back from parental leave!) and Charlie (just starting parental leave) discuss two immigration losses for the Trump administration. The first concerns Trump’s attempts to roll back court-ordered protections for migrant children; the second, Trump’s attempt to subject more immigrants to expedited removal. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP