Free Speech Solidarity

10/6/17  //  In-Depth Analysis

Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.

Charlotte Garden

Seattle University School of Law

A Primer on the DACA Rescission

10/5/17  //  In-Depth Analysis

Here we address confusions and misconceptions about what DACA is (or was), and what will happen next; about the effects of DHS’s “rescission, and what the legal basis might be for that rescission; about what happens during the so-called six-month “window”; about the prospects that Trump might reverse course in March; and about the current litigation challenging DHS’s rescission.

Marty Lederman

Georgetown Law

Cristina Rodríguez

Yale Law School

Adam Cox

NYU Law School

The Bully and the Press

10/5/17  //  In-Depth Analysis

By Sonja West: In response to Trump's attacks, we should embrace the unique constitutional status of journalists and mount defenses based on the First Amendment Press Clause.

Take Care

Justice Kennedy, The First Amendment, and Partisan Gerrymandering

10/4/17  //  In-Depth Analysis

By David Gans: Will Justice Kennedy carve out a partisan redistricting exception from foundational First Amendment principles?

Take Care

Honor Killings and the Travel Bans

10/4/17  //  In-Depth Analysis

Anti-Muslim animus on the face of the second travel ban requires clear proof that the third one is free of such bigotry.

In A Major Immigration Case, The Government Says “We’re Going Big, So Go Home”

10/2/17  //  In-Depth Analysis

The government is arguing it can deprive noncitizens of their legal rights simply by making it too difficult and painful to vindicate those rights.

Leah Litman

U.C. Irvine School of Law

Constructing the Press as Enemy

9/28/17  //  In-Depth Analysis

The Trump administration—in word and in deed—has engaged in enemy construction of the press.

Take Care

Protecting Free Speech and Free Press From Motivated Malignancy

9/28/17  //  In-Depth Analysis

Trump’s potential violations of free speech and press have much in common with his apparent violations of other constitutional limits

Michael C. Dorf

Cornell Law School

Protecting Against Arbitrary Government

9/27/17  //  In-Depth Analysis

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

K. Sabeel Rahman

Brooklyn Law School

Friends, Enemies, and Trump's First Amendment Violations

9/26/17  //  In-Depth Analysis

Trump’s intemperate attacks on political speech he dislikes are inconsistent with democratic self-government.

Sessions Changed DOJ's Longstanding Position on Voter Purges in a Key SCOTUS Case.

9/26/17  //  In-Depth Analysis

Now former DOJ officials are calling him on it.

Samuel Bagenstos

University of Michigan Law School

DOJ's Unconvincing New Definition of 'Emolument'

9/23/17  //  In-Depth Analysis

The President's reply brief in CREW v. Trump offers a new (and flawed) definition of 'emoluments'

Marty Lederman

Georgetown Law

The Stakes for Civil Rights in the Funding Fight Over Sanctuary Cities

9/21/17  //  In-Depth Analysis

There's reason to be wary of the argument that Congress has to “unambiguously” state funding conditions in the text of statutes.

Leah Litman

U.C. Irvine School of Law

Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny

9/21/17  //  In-Depth Analysis

A sleeper issue is brought center stage by two leading religious liberty scholars

Jim Oleske

Lewis & Clark Law School

Challenging the 'Travel Ban' in the Supreme Court

9/19/17  //  In-Depth Analysis

Will the President’s own words mean nothing to the Court, even as they mean everything to millions affected by his order?

Joshua Matz

Publisher