The Anti-Abortion Movement's Unworkability Strategy

9/23/19  //  In-Depth Analysis

Antiabortion lawyers think that they can turn a fact and evidence-based legal standard into an argument against stare decisis, which would advance their ultimate goal of overturning Roe. In June Medical, it is time for the justices to prove them wrong.

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The House Ways and Means Committee Has Standing to Seek Trump's Tax Returns

9/23/19  //  In-Depth Analysis

If the House Ways and Means Committee lacked Article III standing, then the House’s subpoena power would be gutted, and the Executive Branch could defy valid congressional process with impunity

Laurence H. Tribe

Harvard Law School

SCOTUS Needs to Rein in Lower Courts Willing to Force Its Hand by Defying Its Precedent

9/19/19  //  In-Depth Analysis

By David Strauss: Ideological lower court judges have challenged the Supreme Court by defying its precedent. There is one way for the Court to keep from being put in this position time and again. It should summarily reverse, making clear that only the Court will decide when its own precedent is no longer good law.

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June Medical Services’ Double Threat to the Rule of Law

9/17/19  //  In-Depth Analysis

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.

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June Medical Services v. Gee and the Future of Abortion Rights

9/16/19  //  In-Depth Analysis

June Medical Services v. Gee is the Supreme Court’s next opportunity to weigh in on women’s constitutional right to decide to end their pregnancies.

Leah Litman

Michigan Law School

Doctrinal Inversion in the Bladensburg Cross Decision

9/12/19  //  In-Depth Analysis

The Supreme Court recently made the exception into the rule for Establishment Clause cases, and signaled how it will refashion and discount disfavored precedent going forward.

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Federal Defenders and the Sixth Amendment's Zone of Interests

9/6/19  //  In-Depth Analysis

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

9/5/19  //  In-Depth Analysis

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

9/3/19  //  In-Depth Analysis

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.

Leah Litman

Michigan Law School

Kyle Skinner

Harvard Law School

Communications Infrastructure as Public Utility

8/5/19  //  In-Depth Analysis

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.

K. Sabeel Rahman

Demos & Brooklyn Law School

Versus Trump: Trump v. Everyone Who Wants His Taxes

8/1/19  //  In-Depth Analysis

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. Listen now!

Charlie Gerstein

Civil Rights Corps

Supreme Court 2018 Term in Review: Waaaaay Too Soon to Say that Kavanaugh-for-Kennedy Was Not a Game Changer

7/31/19  //  In-Depth Analysis

We have only just begun to see the true nature of Roberts Court version 8

Michael C. Dorf

Cornell Law School

Can Congress Investigate Whether the President Has Conflicts of Interest, is Compromised by Russia, or Has Violated the Law?

7/29/19  //  In-Depth Analysis

The President's lawyers are urging courts to hold that Congress’s oversight and regulatory authorities simply don't extend to investigating the wrongdoing, foreign influence over, and possible conflicts of interest of, the President of the United States. That's wrong.

Marty Lederman

Georgetown Law

Requiem for a Lone Star Bail-in

7/25/19  //  In-Depth Analysis

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.

Travis Crum

Washington University in St. Louis

Versus Trump: Sarah Stillman On The Asylee Who Sued The Trump Administration

7/11/19  //  In-Depth Analysis

This week on Versus Trump, Charlie is joined by New Yorker writer Sarah Stillman to discuss the case of Suny Rodriguez, an asylum seeker who sued the Trump Administration over the conditions in detention centers. Listen now!

Charlie Gerstein

Civil Rights Corps