Impeachment as Punishment

6/13/18  //  In-Depth Analysis

There is an important connection between impeachment and criminal law. Not in technical or legalistic doctrinal nuances, but rather in the core purposes underlying these two domains.

Andrew Crespo

Harvard Law School

The Federal Courts and the Road to Impeachment

6/11/18  //  In-Depth Analysis

We must think more carefully about the role that federal courts can and should play at earlier stages of what may become impeachment investigations

Stephen Vladeck

University of Texas

How Do We Check the President?

6/8/18  //  In-Depth Analysis

If impeachment is impossible and even talk of impeachment can be destructive, how do we check a president who is violating the Constitution?

Erwin Chemerinsky

U.C. Irvine School of Law

Masterpiece Cakeshop– A Troublesome Application Of Free Exercise Principles By A Court Determined To Avoid Hard Questions

6/7/18  //  In-Depth Analysis

A system that threatens to overturn any administrative decision that appears tainted – even harmlessly – by signs of religious bias is one that will inevitably favor religious interests over other concerns

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

There Are No Shortcuts For A Democracy In Crisis: On The Limits Of Impeachment Talk.

6/7/18  //  In-Depth Analysis

The hard work of saving the republic turns not on an exotic legal procedure but on the mundane, yet high-stakes work of politics itself

K. Sabeel Rahman

Brooklyn Law School

Risk-Risk Tradeoffs in Presidential Impeachment

6/6/18  //  In-Depth Analysis

Presidential impeachment involves risk-risk tradeoffs. While some of these risks might be mitigated, and while all deserve to be identified and weighed, the basic dilemma is inescapable.

David Pozen

Columbia Law School

Law and Farce: The Forced Separation of Families

6/5/18  //  In-Depth Analysis

DOJ’s view is, apparently, that the law requires DHS to separate children from parents when families cross the border together. This post highlights some of the reasons why that's wrong.

Leah Litman

U.C. Irvine School of Law

Impeaching Trump: A Database of Arguments and Analyses

5/21/18  //  In-Depth Analysis

Announcing a database of articles addressing impeachment in Age of Trump

Joshua Matz

Publisher

Does the John Edwards Case Really Help Michael Cohen and Donald Trump?

5/8/18  //  In-Depth Analysis

The Campaign Finance violations trial of John Edwards for encouraging the payment of hush money to his paramour resulted in a hung jury. Is that a helpful precedent for Michael Cohen and Donald Trump in a potential Stormy Daniels case?

Michael C. Dorf

Cornell Law School

On the So-Called 'Global Injunction' Question in the Travel Ban Case

4/23/18  //  In-Depth Analysis

Thoughts on what remedy is appropriate if the travel ban is held unconstitutional

Marty Lederman

Georgetown Law

Here's Why SCOTUS Should Block Travel Ban 3.0

4/17/18  //  In-Depth Analysis

The government can't act based on animus toward particular religions. But that's exactly what Trump did.

Joshua Matz

Publisher

How Do You Solve A Problem Like Scott Pruitt?

4/13/18  //  In-Depth Analysis

Can Scott Pruitt be stopped in court?

Eli Savit

University of Michigan Law School

Versus Trump: Movin' Right Along

4/12/18  //  In-Depth Analysis

On a new episode of Versus Trump, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Versus Trump: Voting Wars and Justice Scalia, with Rick Hasen

3/29/18  //  In-Depth Analysis

On a new episode of Versus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of the Election Law Blog, about what's going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick's new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption. Listen now!

Jason Harrow

Equal Citizens

Partisan Gerrymandering Returns to the Supreme Court

3/27/18  //  In-Depth Analysis

Partisan gerrymandering at its core is viewpoint discrimination pure and simple, and it cannot be squared with our Constitution’s promise that voters choose their representatives, not the other way around.