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Faux Federalism

9/28/17 // Commentary

Graham-Cassidy should be seen for what it is: an effort to prevent any level of government, state or federal, from making good on the promise of universal coverage.

University of Michigan Law School

Protecting Against Arbitrary Government

9/27/17 // In-Depth Analysis

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

K. Sabeel Rahman

Demos & Brooklyn Law School

Friends, Enemies, and Trump's First Amendment Violations

9/26/17 // In-Depth Analysis

Trump’s intemperate attacks on political speech he dislikes are inconsistent with democratic self-government.

State Action Doctrine Under An Autocrat

9/26/17 // Commentary

President Trump’s autocratic, anti-speech tendencies are blurring one of the key boundaries in existing First Amendment law, which draws a line between government suppression of speech and private suppression of speech.

Michigan Law School

Sessions Changed DOJ's Longstanding Position on Voter Purges in a Key SCOTUS Case.

9/26/17 // In-Depth Analysis

Now former DOJ officials are calling him on it.

Samuel Bagenstos

University of Michigan Law School

The Amended Version of Graham-Cassidy is a Mess

9/25/17 // Commentary

Senate Republicans have released a new version of their last-gasp effort to undo the Affordable Care Act. It's a mess.

University of Michigan Law School

Looking Back On The Entry Ban Justifications

9/25/17 // Commentary

The government and the courts have proven that one of the administration’s justifications for the now expired entry ban was a joke.

Michigan Law School

Trump on Compelled Speech: Unconstitutional for Bakers; Fine for NFL Players

9/25/17 // Commentary

Can Trump's Justice Department's position on Masterpiece Cakeshop be reconciled with his own views about professional athletes?

Michael C. Dorf

Cornell Law School

End of the Travel Ban and Its Litigation (for now, anyway)

9/24/17 // Commentary

By the time you read this, the heart of the so-called 'travel ban' will probably be no more.

Georgetown Law

DOJ's Unconvincing New Definition of 'Emolument'

9/23/17 // In-Depth Analysis

The President's reply brief in CREW v. Trump offers a new (and flawed) definition of 'emoluments'

Georgetown Law

An Apology to Tillman and Blackman

9/22/17 // Uncategorized

Regarding their treatment of the Hamilton 'Condensed Letter'

Fordham Law School

Graham-Cassidy Is Unconstitutional

9/22/17 // Commentary

Graham-Cassidy has a constitutional flaw: the funding formula for the block grants to states that form the bill’s core is unconstitutional.

Michael C. Dorf

Cornell Law School

Versus Trump: The FOIA Spectacular!

9/21/17 // Commentary

On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

San Francisco

Gerstein Harrow LLP

The Stakes for Civil Rights in the Funding Fight Over Sanctuary Cities

9/21/17 // In-Depth Analysis

There's reason to be wary of the argument that Congress has to “unambiguously” state funding conditions in the text of statutes.

Michigan Law School

Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny

9/21/17 // In-Depth Analysis

A sleeper issue is brought center stage by two leading religious liberty scholars

Lewis & Clark Law School