On The Travel Ban The Supreme Court Says: Stay Tuned

6/26/17  //  Quick Reactions

Some quick thoughts on the Supreme Court's actions on the travel ban.

Leah Litman

U.C. Irvine School of Law

It's All About that Stay (and Its Surprising Limits)

6/26/17  //  Quick Reactions

Preliminary thoughts on the Supreme Court's travel ban order.

Marty Lederman

Georgetown Law

From Big Waiver to Waiver Unlimited

6/26/17  //  Quick Reactions

Perhaps the biggest concern with BCRA is that state waivers could degrade the financial protections available for employer-sponsored coverage

Nick Bagley

University of Michigan Law School

Limiting Citizenship Inequality

6/23/17  //  Quick Reactions

Yesterday, the Supreme Court wisely rejected a position that would have furthered President Trump's interest in reinforcing the hierarchy between immigrants and “real” Americans.

Bijal Shah

Sandra Day O’Connor College of Law

The Clarifying Memorandum Is Not A Reason For A Stay

6/21/17  //  Quick Reactions

An analysis of DOJ's latest filing at SCOTUS in the travel ban cases.

Leah Litman

U.C. Irvine School of Law

Donald Trump’s Say-So is Not a Presidential “National Security Judgment”

6/21/17  //  Quick Reactions

Analysis of DOJ's filing at SCOTUS today in the travel ban cases.

Marty Lederman

Georgetown Law

It’s Long Past Time to Take a Harder Look: The Latest in the DAPL Litigation

6/19/17  //  Quick Reactions

An important ruling against the Trump Administration's position on the Dakota Access Pipeline (DAPL).

Seth Davis

U.C. Irvine School of Law

Opposing Trump's Muslim Ban at the Supreme Court

6/16/17  //  Quick Reactions

President Trump has asked the Supreme Court to lift the stay preventing him from implementing his travel ban. Nelson Tebbe, Micah Schwartzman and I, along with a large group of constitutional law scholars, have filed a brief opposing Trump's motion.

Corey Brettschneider

Brown University

See You In Court: Ninth Circuit Round 2

6/12/17  //  Quick Reactions

A quick recap of the Ninth Circuit's decision in Hawaii v. Trump with thoughts about what it portends for the Supreme Court.

Leah Litman

U.C. Irvine School of Law

The Two Sides Of Donald Trump, As Reflected in The Government's Motion to Dismiss in the CREW Emoluments Case

6/12/17  //  Quick Reactions

The government's motion to dismiss alternately characterizes CREW's lawsuit as a case involving "official action" and a case involving solely a private "business venture." The different descriptions go to the core of CREW's lawsuit, which is that given the President's business affairs, we don't know when he's acting as President or as a businessman.

Leah Litman

U.C. Irvine School of Law

Two Thoughts on the Government's Motion to Dismiss in the CREW Emoluments Case

6/10/17  //  Quick Reactions

Here’s a brief note on two things that struck me on a quick read of the government’s motion to dismiss in CREW v. Trump, filed yesterday. The first is about Mississippi v. Johnson, which the government cites as limiting the power of courts to grant injunctions against the President. The second is about the government’s more general claim that the only proper relief for an emoluments violation is political rather than judicial.

Richard Primus

University of Michigan Law School

The Comey Hearing: Lots of Big News

6/8/17  //  Quick Reactions

No GOP attack dogs; Lynch, Sessions, Rosenstein in trouble; McCain’s health

Jed Shugerman

Fordham Law School

Seven Reactions to Today’s Coats/Rogers Testimony

6/7/17  //  Quick Reactions

Jed Shugerman analyzes today's live testimony before the Senate Intelligence Committee.

Jed Shugerman

Fordham Law School

The Muslim Ban and Trump's Latest Tweets

6/5/17  //  Quick Reactions

Thanks in part to the President's own recent tweets and public comments, the case for concluding that his revised travel ban is unconstitutional has now become overwhelming.

Corey Brettschneider

Brown University

The Travel Ban And The Supreme Court

6/2/17  //  Quick Reactions

The government's petition for certiorari and stay requests raise some difficult timing issues in the travel ban litigation.

Leah Litman

U.C. Irvine School of Law