Recent | Take Care

Justice Kennedy, The First Amendment, and Partisan Gerrymandering

By David Gans: Will Justice Kennedy carve out a partisan redistricting exception from foundational First Amendment principles?

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Honor Killings and the Travel Bans

10/4/17 // In-Depth Analysis

Anti-Muslim animus on the face of the second travel ban requires clear proof that the third one is free of such bigotry.

Sarah Mahmood

In A Major Immigration Case, The Government Says “We’re Going Big, So Go Home”

10/2/17 // In-Depth Analysis

The government is arguing it can deprive noncitizens of their legal rights simply by making it too difficult and painful to vindicate those rights.

Leah Litman

Michigan Law School

Britany Riley

Constructing the Press as Enemy

9/28/17 // In-Depth Analysis

The Trump administration—in word and in deed—has engaged in enemy construction of the press.

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Protecting Free Speech and Free Press From Motivated Malignancy

9/28/17 // In-Depth Analysis

Trump’s potential violations of free speech and press have much in common with his apparent violations of other constitutional limits

Michael C. Dorf

Cornell Law School

Protecting Against Arbitrary Government

9/27/17 // In-Depth Analysis

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

K. Sabeel Rahman

Demos & Brooklyn Law School

Friends, Enemies, and Trump's First Amendment Violations

9/26/17 // In-Depth Analysis

Trump’s intemperate attacks on political speech he dislikes are inconsistent with democratic self-government.

Sessions Changed DOJ's Longstanding Position on Voter Purges in a Key SCOTUS Case.

9/26/17 // In-Depth Analysis

Now former DOJ officials are calling him on it.

Samuel Bagenstos

University of Michigan Law School

DOJ's Unconvincing New Definition of 'Emolument'

9/23/17 // In-Depth Analysis

The President's reply brief in CREW v. Trump offers a new (and flawed) definition of 'emoluments'

Marty Lederman

Georgetown Law

The Stakes for Civil Rights in the Funding Fight Over Sanctuary Cities

9/21/17 // In-Depth Analysis

There's reason to be wary of the argument that Congress has to “unambiguously” state funding conditions in the text of statutes.

Lark Turner

Leah Litman

Michigan Law School

Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny

9/21/17 // In-Depth Analysis

A sleeper issue is brought center stage by two leading religious liberty scholars

Jim Oleske

Lewis & Clark Law School

Challenging the 'Travel Ban' in the Supreme Court

9/19/17 // In-Depth Analysis

Will the President’s own words mean nothing to the Court, even as they mean everything to millions affected by his order?

Joshua Matz

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.

Protect Democracy

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