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

Michigan Law School

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

Michigan Law School

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

Michigan Law School

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

NYU School of Law

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

On The Entry Ban, The Supreme Court Says It’s Up To Us

6/26/18  //  Quick Reactions

In Trump v. Hawaii, the Court reminded us that the courts will not be there to save us. It is up to us, instead.

Leah Litman

Michigan Law School

The Imminent Demise of Chevron Deference?

6/21/18  //  Quick Reactions

Justice Kennedy wrote a concurrence today that could rock the world of administrative law, with huge implications for federal policy.

Joshua Matz


Beckles v. US As Anti-Canon

6/18/18  //  Quick Reactions

Today's federal sentencing opinions create even more tension between the Court's sentencing jurisprudence and Beckles v. United States.

Leah Litman

Michigan Law School

If You’re Minnesota Nice, You Can Wear Whatever You Want to the Polls

6/14/18  //  Quick Reactions

By Ilya Shapiro: SCOTUS has ruled that a Minnesota law banning 'political' apparel at polling places violates the First Amendment

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