Sessions Retreats, but Doesn’t Surrender, on Sanctuary Cities

5/23/17  //  Quick Reactions

Yesterday, AG Sessions issued his official interpretation of the executive order President Trump issued in January regarding sanctuary cities. The interpretation is notable for its narrowness. But ultimately, the memorandum is more of a retreat than a surrender.

Nikolas Bowie

Harvard Law School

A Few Cheers For The Appointment Of A Special Counsel

5/17/17  //  Quick Reactions

In a welcome development, Deputy Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller as a special counsel to investigate Russia-related (criminal) wrongdoing.

Leah Litman

Michigan Law School

Kris Kobach is a Menace to Democracy. Boycott his Vote-Rigging Commission.

5/11/17  //  Quick Reactions

By Jed Shugerman. Trump is using the Comey firestorm as a smoke screen for a potentially more dangerous move: appointing Kris Kobach vice chair of a new “election integrity” commission, with Mike Pence as chair. Kobach will make it a voter-suppression/vote rigging commission, fomenting anti-immigrant and racist fears.

Take Care

Fake Transparency

5/9/17  //  Quick Reactions

As long as the Deputy Attorney General is writing memos making recommendations to the President, it is time to make a recommendation for the appointment of a special counsel.

Neil J. Kinkopf

George State University College of Law

Yes, The President Can Constitutionally Fire Comey

5/9/17  //  Quick Reactions

According to breaking news reports, President Trump has fired FBI director James Comey. It's within his power to do that.

What Trump Got Wrong In The Rose Garden

5/4/17  //  Quick Reactions

President Trump misstates the law, and mischaracterizes his own Executive Order, in the Rose Garden.

Jason Harrow

Equal Citizens

Can President Trump Rewrite the Past?

5/3/17  //  Quick Reactions

In an executive order last week, President Trump purported to rewrite the text of two of President Obama’s decisions that withdrew millions of acres of the Arctic and Atlantic Oceans from future oil and gas speculation. Today, a group of environmental organizations has argued in court that Trump can’t just pretend the past never happened.

Nikolas Bowie

Harvard Law School

FCC Signals it Will Eliminate Title II Treatment of Internet Service Providers

5/2/17  //  Quick Reactions

FCC's action welcomed by industry but will trigger (another) massive legal fight.

Daniel Deacon

U.C. Irvine School of Law

Reuters: State Pension Funds Paying Millions in Emoluments to Trump

4/27/17  //  Quick Reactions

Professor Jed Shugerman analyzes a Reuters report that state pensions, run by state officers, are investing and paying public money to Trump LLCs

Take Care

Santa Clara v. Trump and the Perils of the Gestural Presidency

4/26/17  //  Quick Reactions

If we had a president less concerned with posing as a man of action and more as the fiduciary taking care that the laws be faithfully executed, he would probably do better in court. I don't foresee him changing course.

Peter M. Shane

Ohio State, Moritz College of Law

The Rule of Law Means Little If The President’s Word Means Nothing

4/26/17  //  Quick Reactions

In a new op-ed, I emphasize the importance of taking President Trump at his word–even as efforts to save his executive orders from his tweets inevitably push Trump's defenders to come up with new and creative reasons for ignoring Trump's public statements.

Joshua Matz

Publisher

With Sanctuary Cities, the Apprentice is Now the Biggest Loser

4/26/17  //  Quick Reactions

If Trump keeps tweeting his lawyers will have their work cut out for them

Nikolas Bowie

Harvard Law School

Standing Up For Standing in CREW v. Trump

4/26/17  //  Quick Reactions

Everyone should give a tip of the hat to the new plaintiffs in the CREW v. Trump lawsuit.

Leah Litman

Michigan Law School

Sanctionable

4/25/17  //  Quick Reactions

In a civil suit against Trump for inciting violence at a campaign rally, Trump's lawyer argues that Trump is immune from suit as President of the United States (citing Clinton v. Jones). His argument is not simply wrong. It is sanctionable.

Neil J. Kinkopf

George State University College of Law

The Attorney General, Hawaii Statehood, and National Injunctions

4/21/17  //  Quick Reactions

The AG's comments denigrating Hawaii statehood are objectionable for many reasons. But don't overlook his underlying complaint about national injunctions—which conservatives spent years developing and have suddenly, painfully discovered can be used against them.

Joshua Matz

Publisher