8/14/17  //  In-Depth Analysis

Our amicus brief explains why the Justice Department’s jurisdictional arguments miss the mark

8/10/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, we bring you a quick-hitting episode with multiple Trump Nuggets about such topics as the nomination of a non-scientist to a "chief scientist" position, a defamation suit that alleges collusion between the White House and Fox News, and a misplaced "only" that could change the meaning of a bill. As usual, you can listen online below, and subscribe here with any podcast player or here in iTunes.

8/7/17  //  In-Depth Analysis

The bills to protect the special counsel from removal have some rough spots that can and should be worked out.

8/1/17  //  In-Depth Analysis

A trip to the National Archives turned up some fascinating evidence about Alexander Hamilton and foreign emoluments.

7/27/17  //  In-Depth Analysis

A recent D.C. Circuit decision created—for the moment, at least—an arguable circuit split on a very important issue.

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

7/25/17  //  In-Depth Analysis

By Mark Osler: Pardons by Trump would be a significant departure from what the pardon power has meant. Clemency is for the guilty, not the innocent.

7/24/17  //  In-Depth Analysis

By Bernadette Meyler: History teaches that Trump should not be considering whether he possesses the power to pardon himself but rather what the consequences of employing that power would be.

7/24/17  //  In-Depth Analysis

By Carlton Larson: If we use “treason” in a loose, rhetorical sense, it is plausible to claim that Trump, Jr., Kushner, Manafort and others committed treason by knowingly meeting with a Russian operative for the purpose of obtaining dirt on Hillary Clinton. But the argument fails as a legal matter.

7/20/17  //  In-Depth Analysis

President Trump owns any of the "Obamacare failure" he says will happen.

7/19/17  //  In-Depth Analysis

The Supreme Court is now a co-owner and co-author of the travel ban. That grows truer every time it tinkers with minutiae of this cruel, unjustified policy. And with that position comes major institutional risk to the Supreme Court’s public legitimacy.

7/18/17  //  In-Depth Analysis

The health care sharing ministry amendment is just one example of a seemingly innocuous provision that could have significant effects overall. Senators should pay attention.

7/17/17  //  In-Depth Analysis

The Fifth Circuit his reversed a preliminary injunction against HB 1523, Mississippi's unusual anti-LGBT "religious freedom" law. Its reasoning is incorrect and at odds with precedent. En banc review is warranted to establish uniformity in the law and vindicate important constitutional principles.

7/13/17  //  In-Depth Analysis

Some commentators are seizing on court orders in the proceedings related to the scope of the injunction against the entry ban as an indication that courts are rethinking their decisions against the entry ban. That's wrong (with a cautionary note about the federal courts).

7/12/17  //  In-Depth Analysis

John Mikhail demonstrates that "DOJ’s historical definition of 'emolument' is inaccurate, unrepresentative, and misleading."