The Justice Department’s New Brief in Texas v. United States

7/4/19  //  Commentary

In a welcome surprise, the Trump administration has urged the Fifth Circuit not to dismiss the appeal of the decision invalidating the Affordable Care Act.

Nick Bagley

University of Michigan Law School

The Contraceptive Mandate Takes Another Hit

7/2/19  //  Commentary

The decision mounts an end run around other federal courts and prior precedent in the Fifth Circuit and risks disrupting insurance markets

Elizabeth Sepper

Washington University

Pretext and Remedy in the Census Case and Beyond

7/2/19  //  Commentary

There really is nothing the administration can now do that ought to lead to approval of the citizenship question

Michael C. Dorf

Cornell Law School

When It Comes To Partisan Gerrymandering, Inaction Is Not Neutrality

7/2/19  //  Commentary

The majority's invocation of neutrality collapses when the partisan gerrymandering decision is set in a broader political and institutional context

Danny Wilf-Townsend

Gupta Wessler PLLC

Versus Trump: A Census Win...Or Is It?

7/1/19  //  Commentary

This week on Versus Trump, Jason, Charlie, and Easha discuss the temporary victory for the Plaintiffs in the census case and then speculate on what might come next. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Thoughts on the Chief's Strategy in the Census Case

7/1/19  //  Commentary

It's extremely likely that the citizenship question will appear on the 2020 census—and the Chief intended precisely that result

Joshua Matz

Publisher

Constitutional Blindspot: How The Roberts Court Is Betraying Our Democracy

7/1/19  //  Commentary

The Roberts Court has a constitutional blindspot. It consistently ignores the many parts of the Constitution that help preserve and protect a vibrant democracy open to all.

Rucho and Section 2 of the Voting Rights Act

6/27/19  //  Quick Reactions

The Court’s decision in Rucho will have profound and disastrous implications for the 2020 redistricting cycle and beyond. But it may also foreshadow the endgame for Section 2

Travis Crum

University of Chicago

Gundy, Raich, and Faustian Bargains

6/26/19  //  In-Depth Analysis

In Gundy, the liberal justices' desire to protect the administrative state led them to uphold an exceedingly punitive law. But this was a bad bargain. The conservatives will still reinvigorate the non-delegation doctrine, and a terrible law will still remain on the books.

Gregory Lipper

Clinton & Peed

Courting Disaster: Progressive Candidates’ Reticence on Judicial Nominations

6/25/19  //  Commentary

Will progressive candidates for national office be asked about judicial nominations and will these candidates make the federal judiciary a top-tier message? On paper at least, there are reasons to think progressive candidates will get it right this time.

Two Recent Decisions Confirm the Pivotal Role of Trump-Appointed Judges

6/25/19  //  Commentary

In two divided decisions issued one day in late June, the Supreme Court came awfully close to rewriting the law in two different areas that could have produced devastating consequences for all Americans

Elliot Mincberg

People For the American Way

United States v. Davis: And Now Comes The Good Part

6/24/19  //  Quick Reactions

The reach of the Supreme Court’s opinion in United States v. Davis will be dictated by a host of procedural rules.

Leah Litman

Michigan Law School

The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards

6/24/19  //  In-Depth Analysis

The Court has adopted unreflectively the perspective of Christians in a political majority, without regard to the perspective of others

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

The Supreme Court Will Hear Another Affordable Care Act Case

6/24/19  //  Quick Reactions

At issue is whether the United States broke a promise to make $12 billion in federal payments to the insurers that participated on the ACA's exchanges.

Nick Bagley

University of Michigan Law School

John Roberts the Institutionalist?

6/22/19  //  Commentary

If his decision to join the dissent in Gundy v. United States is any sign of things to come, John Roberts the institutionalist has left the building

Gillian Metzger

Columbia Law School