Recent | Take Care

Appoint a Special Prosecutor, not an Amicus, to Challenge Arpaio’s Pardon

9/12/17 // Commentary

This would ensure that the novel constitutional questions surrounding the pardon receive full adversarial testing

Andrew Crespo

Harvard Law School

Trump DOJ's Flipped Positions

9/8/17 // Commentary

Republicans may not be advancing their agenda through legislation, but they're getting it done in other ways.

Leah Litman

Michigan Law School

Lark Turner

The Ninth Circuit's Latest Order and The Zombie Travel Ban

9/7/17 // Quick Reactions

And now what? We’re condemned to battle the zombie-like remains of this cruel order as it shuffles about the world for just a few more weeks, ruining lives and embarrassing our tradition of religious liberty.

Joshua Matz

Oceans Apart But Still a Close Familial Relation

9/5/17 // In-Depth Analysis

Analysis of the Ninth Circuit's latest travel ban argument (and some personal reflections).

Sarah Mahmood

A Reprieve for Texas’s Sanctuary Cities

8/31/17 // Commentary

Cities need to be recognized as constitutional actors in their own right, worthy of protection and capable of self-determination.

Richard C. Schragger

UVA School of Law

Trump’s Trans Ban Isn’t 'Frozen'

8/30/17 // Commentary

It’s time to stop pretending the Executive Branch is going to check Donald Trump.

Eli Savit

University of Michigan Law School

Proving Intentional Discrimination, Redux

8/30/17 // Commentary

Insights from a recent lawsuit about Arizona’s decision to force the Tucson Unified School District to eliminate its successful Mexican American Studies program

Charlotte Garden

Seattle University School of Law

Court Finds Discriminatory Purpose in Law Backed by Sessions DOJ

8/28/17 // Commentary

DOJ's troubling shift on voting rights rightly failed to save a discriminatory Texas law

Christina Ford

The Arpaio Pardon Through the Lens of Trump Exceptionalism

8/26/17 // Commentary

This pardon by this most abnormal president threatens the rule of law

Michael C. Dorf

Cornell Law School

Life Comes At You Fast: The Norm Against Overt Racism Edition

8/25/17 // Commentary

In the last two weeks, Trump bulldozed through the norm against overt racism

Helen Klein Murillo

Harvard Law School '17

Leah Litman

Michigan Law School

The Debate Over Confederate Monuments

8/25/17 // In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The Unsettling Of Affirmative Action

8/24/17 // In-Depth Analysis

DOJ’s investigation into Harvard’s affirmative action program is bigger than it looks (and it already looked big).

Helen Klein Murillo

Harvard Law School '17

Leah Litman

Michigan Law School

Neo-Nazis, Wedding Cakes, and Compelled Speech

8/24/17 // Commentary

Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.

Michael C. Dorf

Cornell Law School

Charlottesville And The Minimization Of Racial Discrimination

8/23/17 // Commentary

What happened in Charlottesville (along with the President's response to Charlottesville) should put to rest the idea that racism is a thing of the past.

Leah Litman

Michigan Law School

Helen Klein Murillo

Harvard Law School '17

Constitutional Arithmetic Post-Charlottesville: Sometimes One Plus One Equals Zero

8/20/17 // Commentary

No, the First and Second Amendments do not add up to a right to publicly protest while carrying assault rifles.

Michael C. Dorf

Cornell Law School