The First DACA Rescission Was Arbitrary and Capricious. Will the Next One Also Be?

2/16/18  //  Commentary

Should Congress adopt a permanent fix to DACA in the coming days, the preliminary injunction will prove unimportant. But given deep divisions within and among the parties, that is hardly a sure thing. Accordingly, the ruling warrants careful study.

Michael C. Dorf

Cornell Law School

Versus Trump: Are Medicaid Work Requirements Legal?

2/15/18  //  Commentary

On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Relitigating Whole Woman's Health v. Hellerstedt

2/12/18  //  Commentary

A recently filed amicus brief highlights how one court has departed from Whole Woman's Health and other cases.

Leah Litman

U.C. Irvine School of Law

Masterpiece Cakeshop: Beware the False Equivalence

2/12/18  //  Commentary

Tolerating discrimination and tolerating the desire not to be discriminated against are simply not the same.

Versus Trump: The House Versus The FBI

2/8/18  //  Commentary

On the latest episode of Versus Trump, Charlie and Easha talk all things Russia investigation (or tangentially Russia investigation)—the Nunes #meh-mo, the fallout therefrom, and whether Trump will be interviewed by the Special Counsel.

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The President’s Latest Tweet on Health Care and Why it Matters

2/6/18  //  Commentary

The President's latest healthcare tweet is an example of how his own policy preferences are inconsistent, in a way that will prevent him from accomplishing his own stated goals.

Rachel Sachs

Washington University Law School

My New Article on Jurisdiction Stripping -- And Why It's Timely

2/6/18  //  In-Depth Analysis

The president, acting alone, has no power to override the courts, but with the aid of a compliant Congress, he can do quite a bit.

Michael C. Dorf

Cornell Law School

Trump’s Male-Dominated Appointments Close the Door for Women

2/5/18  //  Commentary

President Trump's selection of primarily male nominees for a variety of positions will have consequences for the profession in the long run.

Leah Litman

U.C. Irvine School of Law

Helen Marie Berg

Michigan Law

Did the Nunes Memo Answer Rangappa’s Five Questions? The Nunes Memo is a Nothing Memo.

2/5/18  //  In-Depth Analysis

Yale Law’s Asha Rangappa offered an excellent post asking five key questions. If the Nunes Memo did not address them, it seriously undercuts its credibility.

Jed Shugerman

Fordham Law School

Versus Trump: Is There A Freedom To Say Goodbye?

2/1/18  //  Commentary

On a new episode of Versus Trump, Charlie and Jason discuss an unexpected recent opinion that held that Ravi Ragbir, an immigration activist and alien subject to deportation, had the "freedom to say goodbye" before he could be removed from this country. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Can Trump Replace Rosenstein Without the Senate?

2/1/18  //  Commentary

What if the president has no power to replace Rod Rosenstein after firing him—at least not without help from the Senate?

Nikolas Bowie

Harvard Law School

Remembering Buckley's Mistakes

1/31/18  //  In-Depth Analysis

By Stuart McPhail: Money isn't speech. It's time to revision Supreme Court cases that say otherwise.

Take Care

The Mandatory Guidelines Predicament

1/29/18  //  In-Depth Analysis

Prisoners sentenced under the mandatory Sentencing Guidelines are not faring well in the courts of appeals, and the Supreme Court won't have a ton of opportunities to correct those decisions, if it thinks they are wrong.

Leah Litman

U.C. Irvine School of Law

Samantha Jaffe

Michigan Law

Versus Trump: Suing To Stop A Shrinking Staircase

1/25/18  //  In-Depth Analysis

On a new episode of Versus Trump, Easha and Jason discuss several lawsuits filed over President Trump's recent Proclamation that substantially cuts the size of two National Monuments: Bears Ears National Monument and Grand Staircase-Escalante, both in Utah. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

A New Threat to Punish Sanctuary City Officials

1/24/18  //  Commentary

Once again, the Trump Administration is baselessly threatening its political opponents with criminal charges.

Eli Savit

University of Michigan Law School