Vending Machines and Websites - A False Equivalency

8/18/17  //  Commentary

A DOJ ADA brief on Coca Cola vending machines is being touted as a change in position on websites. Except it's not.

Eve Hill

Brown Goldstein & Levy

Versus Trump: The Voting Wars (Interview With Marc Elias)

8/17/17  //  Commentary

On this week’s episode of Versus Trump, we have an interview about voting laws and litigation with former Hillary for America General Counsel and current voting rights superlawyer Marc Elias. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

What's the Difference Between Confederate Leaders and Slave-owning Founding Fathers?

8/17/17  //  Commentary

We honor Washington and Jefferson despite the fact that they owned slaves, whereas memorials to the likes of Robert E. Lee, Jefferson Davis, and Stonewall Jackson honor them because they fought for a secessionist movement that had the preservation of slavery as its organizing principle.

Michael C. Dorf

Cornell Law School

The Plaintiffs in CREW v. Trump Deserve To Have Their Claims Heard

8/14/17  //  In-Depth Analysis

Our amicus brief explains why the Justice Department’s jurisdictional arguments miss the mark

Daniel Hemel

University of Chicago Law School

Leah Litman

U.C. Irvine School of Law

Trump and North Korea: Where's Congress?

8/13/17  //  Commentary

Guest poster Eric Segall argues that Congress must act now to ensure that the President does not unilaterally commit an act of war without Congressional consent.

Take Care

Attacking North Korea Would Be Illegal

8/10/17  //  Commentary

President Trump threatened this week to launch "fire and fury like the world has never seen" against North Korea. That is not something the Constitution lets him do without Congress.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Quick Hits

8/10/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, we bring you a quick-hitting episode with multiple Trump Nuggets about such topics as the nomination of a non-scientist to a "chief scientist" position, a defamation suit that alleges collusion between the White House and Fox News, and a misplaced "only" that could change the meaning of a bill. As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Two Branches, Two Leaders, Two Speeches to Adolescent Boys

8/9/17  //  Commentary

Contrasting Trump with a grownup professional human being reminds one that Trump does not merely give horrible speeches; he is a horrible person.

Michael C. Dorf

Cornell Law School

Punching Down From The Pulpit, And Other Unpresidential Positions

8/8/17  //  Commentary

The President’s litigation positions underscore how he views his office as a license to beat up on persons with less power.

Leah Litman

U.C. Irvine School of Law

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

8/7/17  //  In-Depth Analysis

The bills to protect the special counsel from removal have some rough spots that can and should be worked out.

Marty Lederman

Georgetown Law

The War on Transgender Soldiers Flies in the Face of the Facts

8/7/17  //  Commentary

By Ian W. Holloway & Jody L. Herman: As the Pentagon decides how to respond to Trump’s mandate, we urge that they consider our rigorous research and the lived experiences of transgender service members and their allies.

Take Care

Important Update on an Emoluments Case Against Trump

8/5/17  //  Latest Developments

Late last night, the plaintiffs in CREW v. Trump filed their brief opposing President Trump's motion to dismiss the case.

Joshua Matz


Arizona’s Problems with Immigration Federalism

8/4/17  //  Quick Reactions

State officials are seeking out ways to intensify federal efforts to enforce immigration law, but they are thereby intensifying larger problems plaguing our national immigration system

Bijal Shah

Sandra Day O’Connor College of Law

A Small Glitch in a Bill to Protect the Special Counsel

8/3/17  //  Quick Reactions

Sometimes it matters where in the sentence you put 'only'

Charlie Gerstein

Civil Rights Corps