Ensuring the President “shall take Care that the Laws be faithfully executed”
Sirine Shebaya and Johnathan Smith: Trump has never been bashful about his anti-Muslim animus. And he has invoked that animus in creating policies, in defiance of the Constitution.
By Carolyn Shapiro & Joanna Martin: Separating parents from their children without regard for the children’s rights and interests is unconstitutional
The Court’s newest member embraces a troubling “both sides” argument
Lewis & Clark Law School
Calling all the ambulance chasers to address this administration's mistreatment of migrants.
Boston College Law School
The plaintiff is attempting to link two practices that need not be coupled. One is discrimination against Asian Americans. The other is affirmative action.
Sturm College of Law
By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides
By Saul Cornell: Although originalists invoke the authority of history, their method is profoundly ahistorical.
Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.
Yale Law School
Will SCOTUS minimize its view of religious animus as applied to Muslims, despite having just magnified it as applied to conservative Christians?
Richard C. Schragger
UVA School of Law
The results of the survey to law firms recruiting on campus shows which firms use mandatory arbitration, and which firms deigned to respond at all.
Michigan Law School
By Nelson Tebbe & Larry Sager: Now is the time to solidify our understanding of Masterpiece, because other wedding vendor cases are still pending in the Supreme Court and in lower courts.
Brooklyn Law School
A system that threatens to overturn any administrative decision that appears tainted – even harmlessly – by signs of religious bias is one that will inevitably favor religious interests over other concerns
Robert W. Tuttle
George Washington University Law School
Ira C. Lupu
Justice Kennedy makes an open-ended call for tolerance and compromise in his opinion. For that, he should be commended
In some cases, the public perception of a case — not its actual holding — is what is most important.
The Wharton School
There are times when strategic ducking makes sense practically if not strictly legally
Michael C. Dorf
Cornell Law School