Two Cheers for the Non-Unitary Executive?

3/18/19  //  Quick Reactions

Current events provide an occasion for the Court to rethink its agreement with the unitary executive theory. In fact, it’s already done so.

Leah Litman

U.C. Irvine School of Law

Gender Hypocrisy Watch

3/11/19  //  Commentary

The administration’s recent claims about gender violence and the humanitarian crisis at the border underscore the administration’s hypocrisy on issues related to gender.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Is The State Department Discriminating Against Same-Sex Marriages?

2/28/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss a decision from a federal court in Los Angeles ordering the Trump Administration to grant citizenship to both children of a same-sex couple born abroad to one U.S. parent. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: Stop The Wall!

2/21/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss the early lawsuits that seek to stop the new sections of border wall that President Trump authorized through executive action. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Korematsu And The Entry Ban (Again)

2/4/19  //  In-Depth Analysis

Recently revealed errors in the report that the administration created pursuant to the second entry ban further underscore the parallels between Korematsu v. United States and the entry ban.

Leah Litman

U.C. Irvine School of Law

Revisiting The Presumption of Regularity

1/28/19  //  Commentary

Subsequent events have made clear that courts were--and are--right to recognize that all is not regular in the executive branch.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Secret Subpoenas, A New AG, and Live Listener Feedback

1/17/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha hit three topics: the mysterious case of the subpoena to a foreign corporation that may be related to the Mueller investigation; the nomination of William Barr as Attorney General; and the temporal nature of an emergency, as prompted by live listener feedback. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Versus Trump: The Shutdown Special

1/10/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha bring you a shutdown special, where they talk about the President's emergency powers as well as a lawsuit contending the government is violating federal labor law by not paying workers on time. Listen now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

An Immigration Approach To Match Our Values

12/17/18  //  In-Depth Analysis

We must develop an affirmative agenda that speaks to the average American’s reasonable expectations about immigration

Take Care

Trump’s Threat to Restrict Birthright Citizenship Has (Troubling) Precedent

11/13/18  //  Commentary

By Neil Weare and Sam Erman: It's time to invalidate policies denying birthright citizenship to persons born in U.S. territories

Take Care

Arguments About Nationwide Injunctions

7/16/18  //  In-Depth Analysis

By Zachary D. Clopton: The question whether a nationwide injunction should issue is case-specific and policy-inflected.

Take Care

Versus Trump: Kavanaugh's Coming, Plus Updates

7/12/18  //  Uncategorized

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

The Travel Ban and Inter-Branch Conflict

6/26/18  //  Commentary

The real problem is the Trump Administration itself. What feels like damage today is largely the echo of damage that already happened, rather than something new.

Richard Primus

University of Michigan Law School

The Future Of Constitutional Discrimination Law After Hawai’i v. Trump

6/26/18  //  Commentary

The future of discrimination law is secure, in short—and securely shut to minority races, ethnicities, and creeds suffering at the hands of a populist majority.

Aziz Huq

University of Chicago Law School

At SCOTUS, It's All About Taint

6/25/18  //  Commentary

The Supreme Court decided two merits cases today and took one extremely puzzling action via a summary order. The unifying theme I'll identify is taint.

Michael C. Dorf

Cornell Law School