Democracy

President Trump has repeatedly called into doubt the integrity of U.S. democracy, and favors aggressive limits on freedoms of speech and press.

Echoes of History in Objections to Federal Enforcement of Voting Rights

4/21/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division has some interesting parallels to a recent voting rights dissent.

Leah Litman

U.C. Irvine School of Law

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, Twitter sued to oppose a demand for the identity of a user critical of the Trump Administration by the Customs and Border Patrol. Erik Wemple writes that President Trump has undermined public trust in the media.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, a federal judge found a discriminatory purpose behind Texas's Voter ID law. On Take Care, Joshua Matz and Leah Litman argue that the Trump Administration's plans for the Department of Justice's Civil Rights Division raise grave concerns. Joshua Matz also notes the concern expressed by advocacy groups over Attorney General Jeff Sessions' lack of commitment to protecting voting rights.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week saw analysis of Justice Gorsuch's past opinions on voting rights and free speech cases.

Trump and the Decline of the American Middle

4/14/17  //  Commentary

Do our constitutional arrangements predict just the kind of political failure that materialized in November 2016? If so, does that mean that the long-term remedy for that failure lies in constitutional reform? Does our constitutional fate determine our political fate?

Jamal Greene

Columbia Law School

Information Wars Part I: The Challenge To The Census

4/13/17  //  Commentary

The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.

Leah Litman

U.C. Irvine School of Law

District Court Holds that Texas Discriminated Against Minority Voters, Again.

4/11/17  //  Quick Reactions

Cutting-edge analysis by Gerry Hebert and Danielle Lang of yesterday's ruling that the controversial Texas Voter ID law was enacted with racially discriminatory intent.

Danielle Lang

The Campaign Legal Center

Resisting Calls for Illegal Hiring Practices at DOJ’s Civil Rights Division

4/11/17  //  Commentary

Even in these strange and trying times, we would like to think that our Attorney General will follow the law while staffing the division of DOJ charged with realizing the Constitution’s promise of a democracy that’s worth a damn—one open to all citizens, regardless of the color of their skin.

Joshua Matz

Publisher

Leah Litman

U.C. Irvine School of Law

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

Take Care saw analysis of President Trump's free speech argument in the civil case alleging that he incited violence against protestors by Amanda Shanor, as well as an argument for an active "democracy agenda" by Daniel Tokaji.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

This week, Daniel Tokaji argued for an active "democracy agenda" on Take Care while a movement for voter ID laws grows in the states, despite no evidence of a large voter conspiracy.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Calls for a "special election" pose major constitutional, political, and policy questions, as Ian Samuel explains for Take Care. Instead, the best way to avoid foreign interference may be to update voting technology.

The Sessions DOJ Turns a Blind Eye to Discrimination

3/22/17  //  In-Depth Analysis

In the landmark Texas Voter ID case, DOJ has begun its official retreat from the protection of minority voting rights. This is the wrong decision and an ominous sign for the future.

Danielle Lang

The Campaign Legal Center

Arresting the Deterioration of Democracy

3/31/17  //  Commentary

Troubling signs abound for American constitutional democracy. It isn't (yet) too late to halt the decline. But that will require the creation and implementation of a robust democracy agenda.

Daniel P. Tokaji

Ohio State, Moritz College of Law

The First Amendment Belongs Only to Americans? Wrong

3/29/17  //  Commentary

The First Amendment makes America great for everyone, not just for citizens.

Nikolas Bowie

Harvard Law School

Leah Litman

U.C. Irvine School of Law

A Department of Justice, But For Whom?

4/7/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division simultaneously maintains that we live in a “post-racial world” and urges the Division to take measures that will disenfranchise people of color.

Joshua Matz

Publisher

Leah Litman

U.C. Irvine School of Law

When Free Speech Suits the President

4/6/17  //  Commentary

A federal judge has refused to dismiss a suit alleging that President Trump incited violence against protesters at one of his campaign rallies last year. The bitter irony to Trump's defense is that it seeks to expand free speech rules; usually, he prefers to trash them.

Amanda Shanor

Yale Law School

States Can Require Financial Disclosure by Presidential Candidates to Safeguard Electoral Transparency

4/6/17  //  In-Depth Analysis

Many states are considering bills requiring future federal presidential candidates to release tax returns, or comparable information, in order to be listed on the ballot. Such requirements are good policy and should be upheld under the Constitution.

Danielle Lang

The Campaign Legal Center

Ethics Complaints Against Lying Trump-Administration Lawyers

4/7/17  //  Commentary

There might still be some lies that people won't tolerate. Even from lawyers. And even from lawyers who are also politicians. Should those lies be the basis for discipline under legal ethics rules?

Charlie Gerstein

Civil Rights Corps

Presidential Bad Faith

3/16/17  //  Commentary

If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."

Laurence H. Tribe

Harvard Law School

The Story Thus Far: Campaign Finance

3/16/17  //  Daily Update

The resignation of an FEC commissioner may have given Trump an opportunity to reshape the campaign finance landscape. Here are some useful analyses of the story thus far.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

Developments in the First Amendment for the week of March 20, 2017.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

President Trump highlights the need to fight for truth.

The Story Thus Far: Voting Rights

3/16/17  //  Daily Update

Since taking office, President Trump has cast doubt on the American electoral process--even as DOJ has stepped away from challenges to restrictive voter identification laws. Here are some useful analyses of the story thus far.

Updates | Week of March 20, 2017

3/21/17  //  Daily Update

Developments in voting and elections for the week of March 20, 2017.