Is Trump's Emergency Unconstitutional or 'Merely' Illegal? And Does it Matter?

2/24/19  //  Commentary

And because Trump is a threat to constitutional democracy, the stakes over whether to call his bogus emergency 'merely' unlawful or also unconstitutional are non-trivial.

Michael C. Dorf

Cornell Law School

Wither the Establishment Clause: The Bladensburg Cross Case

2/24/19  //  In-Depth Analysis

The Bladensburg Cross case has our country on the verge of abandonment of longstanding and hard won principles about the secular character of American government. SCOTUS can and should step back from the brink.

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

Don’t Let Impeachment Dominate Politics

2/22/19  //  Latest Developments

It is surely ironic for the authors of a book about impeachment to warn about the risks of too much focus on impeachment. But that's what we do in our latest Atlantic essay.

Joshua Matz

Publisher

Laurence H. Tribe

Harvard Law School

CVE Is A Flawed and Ineffective Program, And More Evaluation Won’t Fix It

2/22/19  //  Commentary

By Nabihah Maqbool and Sirine Shebaya: There are major problems with the Countering Violent Extremism program. Trump has only made the program worse. It should be winded down for good.

Take Care

Congressional Oversight Is Not Presidential Harassment

2/21/19  //  In-Depth Analysis

Congress’s power to investigate—a power with deep roots in our nation’s history and precedent—is incredibly broad, and it allows Congress to look into lots of matters that the President would apparently rather remain unexplored

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Stop The Wall!

2/21/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss the early lawsuits that seek to stop the new sections of border wall that President Trump authorized through executive action. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

The Supreme Court May Not Save the President This Time

2/21/19  //  Commentary

Trump has suggested that SCOTUS will save his national emergency gambit, just like it saved his Muslim Ban. But there are major problems with that analogy.

Brianne J. Gorod

Constitutional Accountability Center

Laws Aimed at Silencing Political Boycotts of Israel Are Categorically Different Than Public Accommodations Laws

2/21/19  //  Commentary

Some argue that both anti-BDS and public accommodations laws protect against discrimination, and so the First Amendment should treat them the same. But the laws are nothing alike.

Amanda Shanor

The Wharton School

The United States Owes Tens of Billions, Says the Court of Federal Claims (Part 2).

2/19/19  //  Commentary

Should insurers gets every penny of cost-sharing payments that they're owed under the Affordable Care Act? Or have they mitigated their damages?

Nick Bagley

University of Michigan Law School

The United States Owes Tens of Billions to Insurers

2/18/19  //  Commentary

If recent decisions from the Court of Federal Claims stand up on appeal, insurers could recover roughly $12 billion a year, every year, until Congress intervenes to stop the bleeding.

Nick Bagley

University of Michigan Law School

A Lone Star Bail-in?

2/14/19  //  Commentary

Key takeaways from the briefs in the ongoing litigation to "bail-in" Texas under Section 3(c) of the Voting Rights Act

Travis Crum

University of Chicago

Versus Trump: How Do We Protect Our Democracy?

2/14/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie sits down for a fun, casual conversation with Anne Tindall and Cameron Kistler of Protect Democracy about, well, protecting our democracy. Listen now!

Charlie Gerstein

Civil Rights Corps

Chief Justice John Roberts’ Next Move Will Tell Us A Lot

2/13/19  //  Commentary

While Roberts deserves some praise for his vote last week, the story of this Louisiana law is far from over. And what Roberts does next will tell us a lot—about him and the trajectory of the Court he leads.

Brianne J. Gorod

Constitutional Accountability Center

The Substance of the Supreme Court’s procedure

2/13/19  //  In-Depth Analysis

Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.

Leah Litman

U.C. Irvine School of Law

Justice Kavanaugh Said No On Roe

2/11/19  //  Quick Reactions

In June Medical Services, Justice Kavanaugh did exactly what reproductive justice advocates said he did on the court of appeals, and warned he would do once he got to the Supreme Court. Are you listening Susan Collins?

Leah Litman

U.C. Irvine School of Law