Ask Mueller about Indicting a President: The Legal Error at the Heart of his Cryptic Report

7/23/19  //  Commentary

Let's not have unrealistic expectations of Mueller dropping bombshells. But if Congress is going to hold hearings, it should ask these questions.

Jed Shugerman

Fordham Law School

Announcing ... Strict Scrutiny

7/23/19  //  Quick Reactions

There's a new podcast in town, about the Supreme Court and the legal culture that surrounds it.

Leah Litman

Michigan Law School

A Memorandum of Misunderstanding

7/22/19  //  Commentary

Mueller didn't indict Trump because DOJ policy prohibited him from doing so. That same policy points to the need for impeachment.

Versus Trump: The Past And Future Of Gerrymandering

7/18/19  //  Commentary

This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

The Second Circuit Applied the First Amendment to President Trump, Not All of Twitter

7/16/19  //  Uncategorized

A federal appeals court just applied the First Amendment to President Trump on Twitter. That’s not the same as applying the First Amendment to all of Twitter.

The Rise of the Know-Nothing Judge

7/15/19  //  Commentary

Know-Nothing judges may drape themselves in the robes of judicial modesty, but they are activists to the core. And they may decide the fate of health reform.

Nick Bagley

University of Michigan Law School

The Costs Of The Census Debacle

7/15/19  //  Quick Reactions

Even though the administration ultimately caved and chose not to include a citizenship question on the census, its two-week flirtation with including a citizenship question on the 2020 census had significant costs.

Leah Litman

Michigan Law School

Robert Bork’s America is Becoming Donald Trump’s America

7/15/19  //  Commentary

As President Trump puts additional judges on the federal courts for life and continues his own extreme policies, Bork’s America is coming to life more and more as Trump’s America.

Elliot Mincberg

People For the American Way

The President Cannot Constitutionally Block His Critics on Twitter

7/12/19  //  Commentary

The decision is a victory for free speech, an important signal to government officials in the social media era, and a refreshing holding that the President is not above constitutional constraint

Amanda Shanor

The Wharton School

Versus Trump: Sarah Stillman On The Asylee Who Sued The Trump Administration

7/11/19  //  In-Depth Analysis

This week on Versus Trump, Charlie is joined by New Yorker writer Sarah Stillman to discuss the case of Suny Rodriguez, an asylum seeker who sued the Trump Administration over the conditions in detention centers. Listen now!

Charlie Gerstein

Civil Rights Corps

Title VII Bans Discrimination Based on Sexual Orientation

7/11/19  //  Commentary

This conclusion follows directly from the statutory text and a brief glance at some dictionaries. Judges who have concluded otherwise based their analysis on faulty premises.

Joshua Matz

Publisher

'Violation eludes vindication': Left/Right Alliance Urges Supreme Court to Reform Police Immunity

7/11/19  //  Uncategorized

Qualified immunity subverts the rule of law, and has decimated the ability to vindicate our constitutional rights when government actors overstep. It is time for the Court to reconsider this rule and enable all of us to stand up for the Constitution.

Take Care

Silver bullets, blue pencils, and the future of the ACA

7/10/19  //  Quick Reactions

Yesterday, the Fifth Circuit heard oral argument in the case challenging the constitutionality of the Affordable Care Act. It didn't go well.

Nick Bagley

University of Michigan Law School

Objections to Protecting Transgender People Under Title VII Are Meritless

7/10/19  //  Commentary

In this post, I address three of the most frequent objections to holding that Title VII prohibits discrimination based on transgender status

Joshua Matz

Publisher

Two Reasons Why Title VII Bans Discrimination Based on Transgender Status

7/9/19  //  Commentary

Discriminating against an employee because they are transgender violates Title VII in two distinct respects

Joshua Matz

Publisher