Congressional Power to Immunize the President Against State Court Litigation

3/26/18  //  In-Depth Analysis

Thoughts on a thus-far-hypothetical question

Michael C. Dorf

Cornell Law School

Is Marriage a Fundamental Right 'in Equal Protection'

3/22/18  //  In-Depth Analysis

Would it be unconstitutional for a state to abolish marriage as a legal status for everyone?

Michael C. Dorf

Cornell Law School

Trump's Politicization of Law Enforcement is Authoritarian in Nature

3/9/18  //  In-Depth Analysis

Trump’s actions to quash the independence of federal law enforcement mirror the approach of autocratic leaders around the globe.

My New Article on Jurisdiction Stripping -- And Why It's Timely

2/6/18  //  In-Depth Analysis

The president, acting alone, has no power to override the courts, but with the aid of a compliant Congress, he can do quite a bit.

Michael C. Dorf

Cornell Law School

Did the Nunes Memo Answer Rangappa’s Five Questions? The Nunes Memo is a Nothing Memo.

2/5/18  //  In-Depth Analysis

Yale Law’s Asha Rangappa offered an excellent post asking five key questions. If the Nunes Memo did not address them, it seriously undercuts its credibility.

Jed Shugerman

Fordham Law School

Remembering Buckley's Mistakes

1/31/18  //  In-Depth Analysis

By Stuart McPhail: Money isn't speech. It's time to revision Supreme Court cases that say otherwise.

Take Care

The Mandatory Guidelines Predicament

1/29/18  //  In-Depth Analysis

Prisoners sentenced under the mandatory Sentencing Guidelines are not faring well in the courts of appeals, and the Supreme Court won't have a ton of opportunities to correct those decisions, if it thinks they are wrong.

Leah Litman

U.C. Irvine School of Law

Samantha Jaffe

Michigan Law

Versus Trump: Suing To Stop A Shrinking Staircase

1/25/18  //  In-Depth Analysis

On a new episode of Versus Trump, Easha and Jason discuss several lawsuits filed over President Trump's recent Proclamation that substantially cuts the size of two National Monuments: Bears Ears National Monument and Grand Staircase-Escalante, both in Utah. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

American Democracy One Year into the Trump Administration

1/18/18  //  In-Depth Analysis

We can no longer take America’s democracy for granted

Concluding Thoughts on Constitutional Coup

1/18/18  //  In-Depth Analysis

Final thoughts on the future of the administrative state under President Donald Trump

Jon D. Michaels

UCLA School of Law

Privatization’s Other Frontiers

1/12/18  //  In-Depth Analysis

By Kate Shaw: We must also focus on ideological outsourcing and privatization by state governments

Take Care

Texas’s More Honest Take On Garza v. Hargan

1/11/18  //  In-Depth Analysis

Everything is bigger in Texas, including the outlandish arguments made to prevent undocumented young women from obtaining abortions.

Leah Litman

U.C. Irvine School of Law

De-Privatizing Our Public Philosophy

1/11/18  //  In-Depth Analysis

Michaels understates the danger posed by a lack of social solidarity in America, a state of alienation Americans feel from one another that has been deliberately fed by right-wing politicians for at least the last four decades.

Peter M. Shane

Ohio State, Moritz College of Law

Let’s Not Make A Constitutional Case Out Of This

1/11/18  //  In-Depth Analysis

Is an administrative separation of powers mandated by the Constitution, as Michaels suggests that it is?

The Politics of Administrative Reform

1/10/18  //  In-Depth Analysis

Michaels is absolutely right in his diagnosis of the current state of administrative governance. And his book could well prove an important step towards fixing it. But if that fix comes, it is far more likely to be primarily via those politicians than by the judges they appoint.

Josh Chafetz

Cornell Law School