Christian Nationalism and the Bladensburg Cross

3/25/19  //  Commentary

One of the core goals of the Establishment Clause is to stave off developments like Christian nationalism and its hierarchies of citizens. The Bladensburg cross reflects and strengthens this troubling strain in American society.

Versus Trump: 100!

3/21/19  //  Commentary

On this week's 100th episode of Versus Trump, Charlie, Easha, and Jason offer a few quick hits and then have a discussion about the effect of litigation against the President personally and against the Administration. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Two Cheers for the Non-Unitary Executive?

3/18/19  //  Quick Reactions

Current events provide an occasion for the Court to rethink its agreement with the unitary executive theory. In fact, it’s already done so.

Leah Litman

Michigan Law School

Versus Trump: Huawei (or China??) Versus Trump

3/14/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Easha, and Jason discuss a new lawsuit by Huawei against various Trump Administration officials, plus they delve into international extradition law and look at the case of the company's detained CFO. Listen now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Masterpiece Cakeshop & Proof of Religious Hostility in Civil Rights Enforcement

3/14/19  //  In-Depth Analysis

The Supreme Court's decision in Masterpiece Cakeshop offers no warrant for a rampant free exercise exceptionalism, in which the normal rules of constitutional law are suspended or inverted

Joshua Matz

Publisher

Republicans['] Own Constitutional Discourse

3/12/19  //  Commentary

Democrats used to dominate constitutional discourse. Now Republicans do.

David Pozen

Columbia Law School

Gender Hypocrisy Watch

3/11/19  //  Commentary

The administration’s recent claims about gender violence and the humanitarian crisis at the border underscore the administration’s hypocrisy on issues related to gender.

Leah Litman

Michigan Law School

Versus Trump: California X Trump

3/7/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss a new lawsuit from California challenging new regulations regarding Title X, an important federal family planning program. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

The Procedure Fetish

3/7/19  //  Commentary

If adding new administrative procedures will so obviously advance a libertarian agenda, might not relaxing existing administrative constraints advance progressive goals?

Nick Bagley

University of Michigan Law School

SCOTUS And The Wall

3/4/19  //  Commentary

One of the Supreme Court’s pending cases is potentially relevant to one of the challenges to the President’s emergency declaration.

Leah Litman

Michigan Law School

Insubordination and Impeachment

3/4/19  //  Commentary

The widespread executive branch practice of ignoring Trump's statements—or treating them as merely advisory—has saved him from potentially dire political consequences

Joshua Matz

Publisher

Laurence H. Tribe

Harvard Law School

Might the SCOTUS be Wrong in its Unanimous Ruling that Dead Judges Can't Judge?

3/3/19  //  Commentary

The decision is justifiable as a bright-line rule, but the case was not quite the no-brainer that the justices imagined

Michael C. Dorf

Cornell Law School

The Voting Rights Advancement Act of 2019

3/1/19  //  Commentary

With the introduction of the new VRAA, the House is undertaking the long overdue task of responding to Shelby County.

Travis Crum

University of Chicago

Versus Trump: Is The State Department Discriminating Against Same-Sex Marriages?

2/28/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss a decision from a federal court in Los Angeles ordering the Trump Administration to grant citizenship to both children of a same-sex couple born abroad to one U.S. parent. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Against Establishment Clause Concession

2/28/19  //  In-Depth Analysis

There are reasons to worry about whether certain liberal justices on the Supreme Court fully appreciate that we are at an inflection point in the history of the Religion Clause

Nelson Tebbe

Brooklyn Law School

Micah Schwartzman

University of Virginia School of Law