Policing is Always Political, So Politicians Should Control It

5/24/17  //  In-Depth Analysis

Recent Harvard Law graduate, and soon to be civil rights lawyer, Shakeer Rahman offers some second thoughts about celebrating federal law enforcement’s independence.

Take Care

The CFPB Is (Allegedly) A New Kind of Agency. Who Cares? (Part II)

5/23/17  //  In-Depth Analysis

More reasons why the D.C. Circuit should not rely on the CFPB’s purported novelty to suggest the CFPB is unconstitutional

Leah Litman

U.C. Irvine School of Law

The CFPB Is (Allegedly) A New Kind of Agency. Who Cares? (Part I)

5/22/17  //  In-Depth Analysis

This two-part series explains why the CFPB’s purportedly novel structure is not a sign that the CFPB’s structure is unconstitutional.

Leah Litman

U.C. Irvine School of Law

The Road to United States v. Trump is Paved with Prosecutorial Discretion

5/21/17  //  In-Depth Analysis

Should former FBI Director Robert Mueller decide to bring criminal charges against President Trump for obstruction of justice, he would be acting well within the law, the norms of the profession, and the reasonable bounds of the discretion with which he has been entrusted.

Andrew Crespo

Harvard Law School

First Tragedy, Now Farce

5/15/17  //  In-Depth Analysis

Those who forget history are indeed doomed to repeat it. But when history repeats, it often shifts in the repetition: first acts come as tragedy and then return as farce. By many measures, Nixon was a tragic figure. Trump, by contrast, is pure farce. And unlike tragedies, farces don’t end with a flash of recognition—a moment of self-awareness like King Lear’s on the heath. Farces just keep going until someone cries "enough!"

Jon D. Michaels

UCLA School of Law

The Comey Affair And Evidence Of Motive

5/12/17  //  In-Depth Analysis

The Comey affair underscores that decisionmakers must look beyond the administration’s “official” documents to determine the administration’s motives.

Leah Litman

U.C. Irvine School of Law

The Comey Firing in (Comparative) Context

5/11/17  //  In-Depth Analysis

President Trump’s abrupt firing of FBI Director James Comey prompted two immediate questions: Is the firing legal, and is this a constitutional crisis? But are these even the right questions to pose?

Aziz Huq

University of Chicago Law School

Versus Trump: Muslim Ban Argument Recap

5/9/17  //  In-Depth Analysis

It's our first emergency podcast! Right after the full Fourth Circuit heard oral arguments in a major case regarding the Muslim Travel Ban, we hopped on the line to do a recap. The podcast includes excerpts from the oral argument audio.

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Judicial Deference to President Trump

5/8/17  //  In-Depth Analysis

It is time to ask: Has Trump in effect forfeited some measure of judicial deference across contexts and cases, through his disrespect for the courts and the rule of law and his displays of prejudice and arbitrary decisionmaking? And if he has not yet reached that point, what more would it take?

Dawn Johnsen

Indiana University Maurer School of Law

The Under-Inclusive Theory Of Discrimination (It's Not Going To Happen)

5/8/17  //  In-Depth Analysis

The Trump administration has repeatedly (and incorrectly) argued that a policy does not constitute discrimination unless the policy discriminates against all members of a particular group.

Leah Litman

U.C. Irvine School of Law

Deep Problems with the Proposed Executive Order on Religious Freedom

5/3/17  //  In-Depth Analysis

It's rumored that tomorrow, Trump will issue an executive order on "religious freedom," singling out for protection only traditional and conservative religious views on sex, marriage, sexual orientation, gender identity, and pregnancy. That order will most certainly raise grave constitutional issues under the Establishment Clause.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Profiting from the Presidency?

5/3/17  //  In-Depth Analysis

Tracking Corruption and Conflicts of Interest in the Trump Administration

Take Care

State-Level Capital Punishment Under President Trump

4/28/17  //  In-Depth Analysis

While President Trump has little direct control over how states administer the death penalty, his administration might seek to facilitate the acquisition of legal injection drugs and limit federal habeas review in capital cases. But these policies would raise major legal questions.

On Standing In CREW v. Trump Part I: Defining The Injury

4/27/17  //  In-Depth Analysis

Critics of the standing arguments in CREW v. Trump are defining the new plaintiffs’ injury in the wrong way.

Leah Litman

U.C. Irvine School of Law