The Imminent Demise of Chevron Deference?

6/21/18  //  Quick Reactions

Justice Kennedy wrote a concurrence today that could rock the world of administrative law, with huge implications for federal policy.

Joshua Matz

Publisher

Versus Trump: To End a Presidency? (Interview with Joshua Matz)

6/21/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason talks about the past, present, and future of impeachment with Joshua Matz. Joshua is the publisher of Take Care and the co-author, with Laurence Tribe, of the acclaimed new book To End a Presidency: The Power of Impeachment. Listen now!

Jason Harrow

Equal Citizens

President Trump, Your Words Do Matter (And Should Doom Your Muslim Ban)

6/21/18  //  In-Depth Analysis

Sirine Shebaya and Johnathan Smith: Trump has never been bashful about his anti-Muslim animus. And he has invoked that animus in creating policies, in defiance of the Constitution.

Take Care

An Impeachable Offense Is a Criminal Offense: A Response to Tribe and Matz

6/20/18  //  In-Depth Analysis

Impeachment should be understood as a type of criminal prosecution—one that carries with it the Constitution’s protections for criminal defendants

Nikolas Bowie

Harvard Law School

We’ve Been (Unconstitutionally) Separating Children From Their Immigrant Parents For A While Now

6/20/18  //  In-Depth Analysis

By Carolyn Shapiro & Joanna Martin: Separating parents from their children without regard for the children’s rights and interests is unconstitutional

Take Care

The Power of Impeachment: Its History & Future

6/20/18  //  Latest Developments

A discussion at the National Constitutional Center

Joshua Matz

Publisher

No, President Trump, You Are Not Above the Law

6/19/18  //  In-Depth Analysis

The Constitution gives the president broad powers to pardon people and direct Justice Department investigations — but it does not give him the power to undermine the democratic safeguards enshrined there.

Amanda Shanor

Yale Law School

Justice Gorsuch, Kippahs, and False Analogies in Masterpiece Cakeshop

6/19/18  //  In-Depth Analysis

The Court’s newest member embraces a troubling “both sides” argument

Jim Oleske

Lewis & Clark Law School

That Bible Parable About The Plague of Tort Attorneys Who Sued The Border Patrol, ICE Officers, and DHS Bureaucrats

6/19/18  //  Commentary

Calling all the ambulance chasers to address this administration's mistreatment of migrants.

Kari Hong

Boston College Law School

Impeachment: Partisan Warfare or Defending the Constitutional Order?

6/19/18  //  In-Depth Analysis

We must be able to recognize harm to the constitutional order on a bipartisan basis for impeachment to serve its proper constitutional function. But how often is that the case?

Gillian Metzger

Columbia Law School

Beckles v. US As Anti-Canon

6/18/18  //  Quick Reactions

Today's federal sentencing opinions create even more tension between the Court's sentencing jurisprudence and Beckles v. United States.

Leah Litman

U.C. Irvine School of Law

Preliminary Thoughts on the Summary Judgment Motions in the Harvard Affirmative Action Lawsuit

6/18/18  //  In-Depth Analysis

The plaintiff is attempting to link two practices that need not be coupled. One is discrimination against Asian Americans. The other is affirmative action.

Nancy Leong

Sturm College of Law

Jeff Sessions's Latest Asylum Atrocity

6/18/18  //  Commentary

Coretta Scott King was right. Jeff Sessions is a horrible man to be Attorney General.

Leah Litman

U.C. Irvine School of Law

Abigail DeHart

Michigan Law School

America’s Monarch? Trump and the Pardon Power

6/18/18  //  Commentary

For all who are devoted to country and Constitution, the idea of a self-pardon should be an anathema.

Gillian Metzger

Columbia Law School

Vicki C. Jackson

Harvard Law School

Impeachment as a Constitutional Design Choice

6/18/18  //  In-Depth Analysis

What can we learn about presidential removal from a careful study of foreign constitutions and experiences?

Aziz Huq

University of Chicago Law School

Tom Ginsburg

University of Chicago Law School