Impeachment as Punishment
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.
How Do We Check the President?
If impeachment is impossible and even talk of impeachment can be destructive, how do we check a president who is violating the Constitution?
Risk-Risk Tradeoffs in Presidential Impeachment
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.
Law and Farce: The Forced Separation of Families
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.
Versus Trump: Movin' Right Along
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!
Versus Trump: Voting Wars and Justice Scalia, with Rick Hasen
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!
Partisan Gerrymandering Returns to the Supreme Court
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.