SCOTUS Severely Narrows Civil Rights Suits Against Federal Officers

6/20/17  //  Commentary

Yesterday's SCOTUS ruling in Ziglar v. Abbasi makes it all but impossible for civil rights plaintiffs to sue federal officials for money damages.

Michael C. Dorf

Cornell Law School

Jeff Sessions’s Deceitful Arguments for Stiffer Drug Sentences

6/19/17  //  Commentary

The AG's argument for harsher sentencing recommendations in federal drug cases is weak and shows little regard for the truth.

David Sklansky

Stanford Law School

Senators to DOJ: Mandatory Minimums Policy Is Misguided

6/8/17  //  Commentary

A new letter from a bipartisan group of senators shows that Attorney General Sessions’s approach to charging is out of the mainstream, contrary to our justice system’s values, and unsupported by existing crime research.

Chiraag Bains

Harvard Law School

Ten Questions for a New FBI Director

6/6/17  //  Commentary

By Allison Murphy: Given President Trump’s documented and acknowledged efforts to interfere with the independence of the FBI, the Senate should presume that could continue under a new FBI Director. It is therefore incumbent upon Senators to ensure that any Trump nominee for FBI Director commits to certain baseline aspects of independence and impartiality before any new nominee is confirmed. Here are 10 questions that require answers.

Take Care

Trump’s Meaningless Paris Announcement is a Win for His Opponents

6/5/17  //  Commentary

President Donald Trump’s announcement that he will withdraw the U.S. from the Paris Agreement may have dramatic consequences for his administration—but not in the ways he might imagine.

Ann Carlson

UCLA School of Law

7 Ways Trump Plans to Transform the Civil Rights Division

5/30/17  //  In-Depth Analysis

The president’s proposed budget reveals an intent to roll back protections for the most vulnerable members of society.

Chiraag Bains

Harvard Law School

Trump’s Visit to Israel

5/24/17  //  Commentary

President Trump’s visit to Israel comes at a fraught time for his Administration and a pivotal moment for the relationship between the two countries.

The Road to United States v. Trump is Paved with Prosecutorial Discretion

5/21/17  //  In-Depth Analysis

Should former FBI Director Robert Mueller decide to bring criminal charges against President Trump for obstruction of justice, he would be acting well within the law, the norms of the profession, and the reasonable bounds of the discretion with which he has been entrusted.

Andrew Crespo

Harvard Law School

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 President Trump Hasn’t Learned from the Rodney King Riots

5/2/17  //  Commentary

100 days in and 25 years after the unrest in Los Angeles, the Trump Administration is failing communities entitled to fair and just policing.

Chiraag Bains

Harvard Law School

The Federal Death Penalty Under Trump

4/27/17  //  In-Depth Analysis

President Trump and Attorney General Sessions hold exceptionally pro-death penalty views. Here's how they might seek to increase use of capital punishment at the federal level, and why any such effort likely would fail.

AG Sessions Just Might Give Up On Consent Decrees

4/26/17  //  Commentary

Will Attorney General Sessions really get the federal government out of the police oversight business? Signs are increasingly pointing to yes.

The Trump Administration May Already Have What It Needs for a Serviceable (and Unconstitutional) “Muslim Registry”

4/19/17  //  In-Depth Analysis

The Trump Administration may already have the tools it would need to predict with high accuracy the religious identity of a significant percentage of U.S. citizens and visiting Muslims. And software engineers, not lawyers, may be our first line of alarm and defense.

Reinvigorating Civil Rights in the Era of Trump

4/13/17  //  Commentary

Given the nativist overtones of his campaign and his administration’s signature policies — from the Muslim ban to an immigration crackdown that equates being a foreign-born minority with criminality — Trump has exploded the fiction that we live in a post-racial society.

Chiraag Bains

Harvard Law School

Criminal Justice Reform and Disability – The Overlooked Opportunity

4/12/17  //  Commentary

Criminal justice agencies have become part of our communities' mental health services systems. They need to abide by the disability rights laws that govern mental health services

Eve Hill

Brown Goldstein & Levy