Recent | Take Care

Here's Why SCOTUS Should Block Travel Ban 3.0

4/17/18 // In-Depth Analysis

The government can't act based on animus toward particular religions. But that's exactly what Trump did.

Joshua Matz

Publisher

How Do You Solve A Problem Like Scott Pruitt?

4/13/18 // In-Depth Analysis

Can Scott Pruitt be stopped in court?

Eli Savit

University of Michigan Law School

Versus Trump: Movin' Right Along

4/12/18 // In-Depth Analysis

On a new episode of Versus Trump, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Versus Trump: Voting Wars and Justice Scalia, with Rick Hasen

3/29/18 // In-Depth Analysis

On a new episode of Versus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of the Election Law Blog, about what's going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick's new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption. Listen now!

Jason Harrow

Equal Citizens

Partisan Gerrymandering Returns to the Supreme Court

3/27/18 // In-Depth Analysis

Partisan gerrymandering at its core is viewpoint discrimination pure and simple, and it cannot be squared with our Constitution’s promise that voters choose their representatives, not the other way around.

David Gans

CAC

Congressional Power to Immunize the President Against State Court Litigation

3/26/18 // In-Depth Analysis

Thoughts on a thus-far-hypothetical question

Michael C. Dorf

Cornell Law School

Is Marriage a Fundamental Right 'in Equal Protection'

3/22/18 // In-Depth Analysis

Would it be unconstitutional for a state to abolish marriage as a legal status for everyone?

Michael C. Dorf

Cornell Law School

Trump's Politicization of Law Enforcement is Authoritarian in Nature

3/9/18 // In-Depth Analysis

Trump’s actions to quash the independence of federal law enforcement mirror the approach of autocratic leaders around the globe.

Protect Democracy

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

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

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