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.

5/9/17  //  Commentary

Our treasure of an independent judiciary is built upon an assumption of independence, of transparency about influence and potential conflicts, and accountability to the democratic process. When massive amounts of dark corporate money can affect those political processes, we are in grave danger of damaging that national treasure.

5/9/17  //  Commentary

In a new op-ed, Erwin Chemerinsky and I argue that the entry ban is unconstitutional because it was driven by animus toward Muslims.

5/8/17  //  In-Depth Analysis

It is time to ask: Has Trump in effect forfeited some measure of judicial deference across contexts and cases, through his disrespect for the courts and the rule of law and his displays of prejudice and arbitrary decisionmaking? And if he has not yet reached that point, what more would it take?

5/8/17  //  In-Depth Analysis

The Trump administration has repeatedly (and incorrectly) argued that a policy does not constitute discrimination unless the policy discriminates against all members of a particular group.

5/5/17  //  Commentary

Basic principles of constitutional structure mean Trump is, and should be held, personally responsible for ICE’s egregious treatment of the DREAM-ers.

5/4/17  //  Commentary

This week on Versus Trump, the Take Care podcast, we preview a major argument in the Muslim travel ban litigation, talk to Professor Zach Price about reliance interests with respect to selective enforcement of federal laws, and more.

5/4/17  //  Commentary

ICE Continues To Undermine DACA Despite Trump’s Protestations To the Contrary

5/3/17  //  Commentary

With the AHCA back on the table, it's time to remember that the GOP really doesn’t like the constitutional arguments it made against the ACA

5/1/17  //  Commentary

The ugly history of loyalty oaths lies along a road on which Trump's "Loyalty Day" proclamation takes a frightening first step, one wrapped in a false version of the American flag.

4/28/17  //  Commentary

Trump issued an order directing Interior Secretary to review a generation's worth of national monument designations. That order is likely illegal.

4/28/17  //  Commentary

The various ways that standing skeptics have distinguished cases supporting standing in CREW are unpersuasive.

4/27/17  //  In-Depth Analysis

Critics of the standing arguments in CREW v. Trump are defining the new plaintiffs’ injury in the wrong way.

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.

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.