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

Michigan Law School

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

Michigan Law School

The Significance of Chief Justice Roberts Joining in the Stay of the Louisiana Abortion Law

2/8/19  //  Quick Reactions

So no, the abortion right is not safe. But it's not in quite as much immediate danger as one might have thought. And that's not nothing.

Michael C. Dorf

Cornell Law School

The Civil Rights Division Bails Out of Bail-In in Texas

2/8/19  //  In-Depth Analysis

Career attorneys at DOJ rightly refused to sign a deeply flawed brief arguing that Texas should be let off the hook for its repeated intentional efforts to minimize the voting power of its minority population

Justin Levitt

Loyola Law School

Versus Trump: The ACA's Still Here...

2/7/19  //  Uncategorized

On this week's episode of Versus Trump, Jason and Charlie discuss last month's federal court decision holding that Maryland could not proceed in its lawsuit that sought a declaration that the Affordable Care Act is constitutional and must be enforced. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Originalism, Fauxriginalism, and Embracing the Constitution

2/7/19  //  Commentary

The words of the Constitution—along with the history and values that shed light upon the meaning of ambiguous parts of the text—are progressive at their core

Korematsu And The Entry Ban (Again)

2/4/19  //  In-Depth Analysis

Recently revealed errors in the report that the administration created pursuant to the second entry ban further underscore the parallels between Korematsu v. United States and the entry ban.

Leah Litman

Michigan Law School

The National Emergencies Act Is Not a Blank Check

2/1/19  //  Uncategorized

The National Emergencies Act doesn't give the President unlimited power to declare a national emergency even when no emergency exists

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Kids vs. Climate Change

1/31/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason, Easha, and Charlie discuss recent developments in a long-running case where young people claim that the federal government's inaction on climate change violates their right to live in a habitable world in the future. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Historical Practice and Case Law Support Broad Congressional Oversight Powers

1/30/19  //  In-Depth Analysis

By Ashwin Phatak: Here's how Congress can use its investigatory powers to hold the Trump Administration accountable

Take Care

Getting To No On Roe: It Continues

1/29/19  //  In-Depth Analysis

Another recent decision from a court of appeals (this time the Fifth Circuit) illustrates how states and courts can undermine women’s right to decide to end their pregnancies without formally overruling the relevant Supreme Court decisions.

Leah Litman

Michigan Law School

Revisiting The Presumption of Regularity

1/28/19  //  Commentary

Subsequent events have made clear that courts were--and are--right to recognize that all is not regular in the executive branch.

Leah Litman

Michigan Law School

Versus Trump: Ask Charlie About The Census

1/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason asks Charlie to take us through the mammothly long, massively important opinion from the Southern District of New York invalidating the proposed citizenship question on the 2020 Census. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Final Thoughts on Prosecuting the President

1/24/19  //  In-Depth Analysis

Thoughts on the past, present, and future of special prosecutors

Andrew Coan

University of Arizona