The Bully Podium: Is the First Amendment Defenseless?

9/19/17  //  In-Depth Analysis

Trump has besieged freedoms of speech and press. We must prepare to fight back and defend our liberties.

Can Congress Call A Special Election if Trump and Pence Are Impeached?

9/11/17  //  In-Depth Analysis

Congress has the legal authority to remove the President and Vice-President and to call a special election to replace them. But the odds that it would ever do so are vanishingly small.

Richard Primus

University of Michigan Law School

Pence and Obstruction of Justice

9/5/17  //  In-Depth Analysis

Exploring Vice President Pence’s potential criminal jeopardy for conspiring to obstruct justice, aiding the obstruction of justice, and 'misprision of a felony' in concealing the obstruction of justice.

Jed Shugerman

Fordham Law School

Trump Can’t Revoke DACA Without Going Through Notice and Comment

9/5/17  //  In-Depth Analysis

Dreamers should invoke administrative law to block Trump's DACA decision

Daniel Hemel

University of Chicago Law School

Oceans Apart But Still a Close Familial Relation

9/5/17  //  In-Depth Analysis

Analysis of the Ninth Circuit's latest travel ban argument (and some personal reflections).

Killing The Dream

9/5/17  //  In-Depth Analysis

Donald Trump's apparent reasons for (apparently) rescinding DACA make little sense.

Leah Litman

U.C. Irvine School of Law

Questions about the Emoluments Amicus Brief on Behalf of Trump

8/31/17  //  In-Depth Analysis

The amicus brief filed by Seth Barrett Tillman and Josh Blackman has some serious problems with how it represents its historical sources.

Jed Shugerman

Fordham Law School

What if Trump Censors Climate Science?

8/31/17  //  In-Depth Analysis

Are there legal remedies if Trump refuses to officially accept the Climate Science Special Report?

Dov Fox

University of San Diego School of Law

Trump, Arpaio, and the Danger of Politicizing DOJ

8/29/17  //  In-Depth Analysis

Trump asked if DOJ could drop the case against Arpaio. Such interference with prosecutive decisions threatens the legitimacy of the Justice Department.

Chiraag Bains

Harvard Law School

Congress’s Constitution, Redux

8/28/17  //  In-Depth Analysis

Here I respond to insightful comments on Congress's Constitution.

Josh Chafetz

Cornell Law School

What Does It Mean To Be Pro-LGBT?

8/27/17  //  In-Depth Analysis

Trump Is Not Pro-LGBT, And Frankly He Never Was

Helen Klein Murillo

Harvard Law School '17

Leah Litman

U.C. Irvine School of Law

The Debate Over Confederate Monuments

8/25/17  //  In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The Faces of Congressional Power

8/25/17  //  In-Depth Analysis

By Mark Graber: Congress has considerable tools to influence public policy. How effectively Congress may use those tools depends in part on the skill with which they are exercised, but also on more durable features of the times in which they are exercised.

Take Care

The Constitution of Talk

8/25/17  //  In-Depth Analysis

There needs to be a separation of microphones just as much as a separation of powers, and Congress does not understand the microphone that 2017 requires.

David Fontana

George Washington University Law School

The Unsettling Of Affirmative Action

8/24/17  //  In-Depth Analysis

DOJ’s investigation into Harvard’s affirmative action program is bigger than it looks (and it already looked big).

Helen Klein Murillo

Harvard Law School '17

Leah Litman

U.C. Irvine School of Law