Lower Courts: Don’t Try This at Home
The Supreme Court’s travel ban order deviates sharply from well-established standards for the granting of a stay. For better or for worse, the spirit of compromise trumped the letter of the law.
From Big Waiver to Waiver Unlimited
Perhaps the biggest concern with BCRA is that state waivers could degrade the financial protections available for employer-sponsored coverage
Emoluments and Justiciability
Zachary Clopton offers a new spin on questions of standing and justiciability at the heart of recent emoluments litigation.
Limiting Citizenship Inequality
Yesterday, the Supreme Court wisely rejected a position that would have furthered President Trump's interest in reinforcing the hierarchy between immigrants and “real” Americans.