June Medical Services’ Double Threat to the Rule of Law
In recent months, commentators and the justices themselves have raised concerns about declining public confidence in the judiciary. But confidence has to be earned. Enforcing the law and summarily reversing the Fifth Circuit is an essential first step.
Federal Defenders and the Sixth Amendment's Zone of Interests
The zone of interests test shouldn't apply to constitutional claims seeking injunctive relief. But even if it does apply, it doesn't prevent federal defenders from challenging arbitrary limits on attorney access under the Sixth Amendment.
Versus Trump: Versus DeVos 2.0
This week on Versus Trump, Jason discusses the continuing illegal intransigence of the Department of Education, with Eileen Connor and Toby Merrill of Harvard's Project on Predatory Student Lending. Listen now!
The Court’s Border Wall Fiasco
The Supreme Court’s decision to stay the injunction against the President’s construction of the border wall made no sense. It is also part of a troubling trend of restricting remedies against unlawful government action.
Communications Infrastructure as Public Utility
The Second Circuit's ruling against President Trump for banning critics on Twitter invites a broader discussion about how legally to structure and regulate our increasingly digital public sphere.
Versus Trump: Trump v. Everyone Who Wants His Taxes
This week on Versus Trump, Jason and Charlie are back from a hiatus to discuss the President's lawsuit against New York State and the House Ways and Means Committee, both of whom—he says—may be conspiring to release his New York State tax returns.
Requiem for a Lone Star Bail-in
The three-judge district court overseeing the Texas redistricting litigation has held that Texas should not be 'bailed-in' under Section 3(c) of the Voting Rights Act. That's a very worrisome development. Here's why.
Gundy, Raich, and Faustian Bargains
In Gundy, the liberal justices' desire to protect the administrative state led them to uphold an exceedingly punitive law. But this was a bad bargain. The conservatives will still reinvigorate the non-delegation doctrine, and a terrible law will still remain on the books.