Recent | Take Care

Two Cheers for the Non-Unitary Executive?

Current events provide an occasion for the Court to rethink its agreement with the unitary executive theory. In fact, it’s already done so.

Leah Litman

U.C. Irvine School of Law

A Note Of Caution About Timbs v. Indiana

2/25/19 // Quick Reactions

The concurring opinions in Timbs v. Indiana raise some concerns about how (some of) the Justices would address the Trump administration’s treatment of undocumented minor women.

Leah Litman

U.C. Irvine School of Law

Justice Kavanaugh Said No On Roe

2/11/19 // Quick Reactions

In June Medical Services, Justice Kavanaugh did exactly what reproductive justice advocates said he did on the court of appeals, and warned he would do once he got to the Supreme Court. Are you listening Susan Collins?

Leah Litman

U.C. Irvine School of Law

The Significance of Chief Justice Roberts Joining in the Stay of the Louisiana Abortion Law

2/8/19 // Quick Reactions

So no, the abortion right is not safe. But it's not in quite as much immediate danger as one might have thought. And that's not nothing.

Michael C. Dorf

Cornell Law School

The Constitutional Law of Shutdowns

1/8/19 // Quick Reactions

A quick explainer: how does Congress's power of the purse interact with the Executive's constitutional authority?

Zachary Price

U.C. Hastings College of the Law

Thoughts on Roberts and Trump

11/26/18 // Quick Reactions

We have at once a highly political appointment process and a strong judicial ethos of being above politics.

Zachary Price

U.C. Hastings College of the Law

Protecting Acosta Means Protecting Press Rights, Not Just Procedure

11/16/18 // Quick Reactions

By Victoria Baranetsky: If we wish to protect democracy, it would be helpful for judges to more clearly articulate protections under the Press Clause

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What to Make of Chief Justice Roberts’ Stay of the Juliana Case

10/25/18 // Quick Reactions

What happens next in a lawsuit arguing that the United States has failed to protect against the ravages of climate change?

Ann Carlson

UCLA School of Law

Birth Control Is Not Abortion

9/7/18 // Quick Reactions

By Greg Lipper: At his confirmation hearing, Judge Kavanaugh used the phrase “abortion-inducing drugs" while referring to a case he heard on the DC Circuit. This description of the case is at odds with modern science and suggests his hostility to foundational privacy precedents.

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The (Ir)relevance of parental consent requirements to Garza

9/5/18 // Quick Reactions

Judge Kavanaugh suggested he was faithfully applying parental consent cases in Garza v. Hargan. He's wrong.

Leah Litman

U.C. Irvine School of Law

An Emolumental Take On the President Versus The Presidency

7/26/18 // Quick Reactions

The recent opinion allowing the plaintiffs' emoluments claims to go forward comports with recent suggestions about separating this President from the office of the Presidency.

Leah Litman

U.C. Irvine School of Law

Scott Pruitt is Gone. What’s Next Could Be Worse.

7/5/18 // Quick Reactions

Pruitt’s departure is warranted and long-overdue. But given what likely lies ahead, it is hardly cause to breathe easy.

Eli Savit

University of Michigan Law School

Senator Collins's Shell Game On Roe v. Wade

7/3/18 // Quick Reactions

Susan Collins claimed that there is no reason to worry about Justice Kennedy's replacement because the Chief Justice (!!!) and Justice Gorsuch (¯\_(ツ)_/¯) would never overturn Roe v. Wade. That's wrong.

Leah Litman

U.C. Irvine School of Law

The Ideological Balance of the Supreme Court Hangs On The Midterm Elections— But Not Because Of Kennedy

6/29/18 // Quick Reactions

Whoever controls the Senate in the next two years may well determine who fills Justice Thomas’s seat.

G. Michael Parsons

Private Practice

The Bearable Lightness of Janus

6/27/18 // Quick Reactions

The Supreme Court's ruling in Janus sounds like a pretty big problem for organized labor. But it doesn’t have to be.

Aaron Tang

UC Davis School of Law