A Progressive Yankee in John Roberts’ Court

10/17/18  //  In-Depth Analysis

Instead of seeking to restructure or undermine the Supreme Court, progressives should focus on advancing their cause through conservative arguments

Daniel Hemel

University of Chicago Law School

Advancing a Left-Liberal Jurisprudence

10/16/18  //  In-Depth Analysis

Winning elections isn’t enough. Progressive majorities need to be willing to invest significant political capital in judges who are committed to a left-liberal jurisprudence.

Jon D. Michaels

UCLA School of Law

Why Democrats Should Pack the Supreme Court

10/15/18  //  In-Depth Analysis

Republicans have broken the rules time and again. For Democrats not to respond in kind is to commit political suicide.

Michael Klarman

Harvard Law School

Versus Trump: N.Y. Versus Wilbur Ross

10/11/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

A Tainting of Judicial Independence

10/8/18  //  In-Depth Analysis

Kavanaugh's potential perjury means that his seat on the Court may depend on continuing Republican control in Congress. This is plainly inconsistent with any account of judicial independence.

Tom Ginsburg

University of Chicago Law School

Aziz Huq

University of Chicago Law School

The 'All of the Above' Approach to Justice Kavanaugh

10/7/18  //  In-Depth Analysis

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

Michael C. Dorf

Cornell Law School

The Vicious Entrenchment Circle: Thoughts on a Lifetime with a Republican-Controlled Court

10/7/18  //  In-Depth Analysis

By the time the Supreme Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control, even though Democrats have won a majority or plurality of the popular vote in seven of the twelve elections in that period.

Marty Lederman

Georgetown Law

Rand Paul Must Reverse His Position On Judge Kavanaugh’s Supreme Court Nomination – Or Betray His Anti-War Legacy

9/11/18  //  Commentary

By Daniel Levine-Spound: Rand Paul’s support for Kavanaugh constitutes a betrayal of his opposition to the United States’ ever-expanding and seemingly interminable 'War on Terror'

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Birth Control Is Not Abortion

9/7/18  //  Quick Reactions

By Greg Lipper: At his confirmation hearing, Judge Kavanaugh used the phrase “abortion-inducing drugs" while referring to a case he heard on the DC Circuit. This description of the case is at odds with modern science and suggests his hostility to foundational privacy precedents.

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Versus Trump: How Bad Is It?

9/6/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie ask the question that so many of us ask frequently: how bad is the Trump Administration? Is it better or worse than we should have expected back on election night in 2016? Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Kavanaugh, Foreign Agents, and American Elections

9/5/18  //  Commentary

Because of a 2011 case called Bluman v. FEC, written by Judge Brett Kavanaugh, a great deal of electoral interference by Russian agents in 2016 may have been legally authorized

Justin Levitt

Loyola Law School

Kavanaugh, the Federal Marriage Amendment, and the Cost of an Incomplete Record

8/29/18  //  Commentary

To those outside of Washington, this battle might appear to be a dry dispute about documents. Nothing could be further from the truth.

Louisiana’s Ongoing Ethical Crisis: Why SCOTUS Should Weigh In On The Case Of Rogers Lacaze

8/22/18  //  Commentary

In the coming weeks, the U.S. Supreme Court will consider whether to grant Lacaze v. Louisiana, a case raising profound questions for the constitutional standards governing judicial recusal where a judge has --but does not even disclose--concrete connections to the case being tried before him.

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Versus Trump: SABOTAGE!!

8/16/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie begin their run of shows with Easha on leave and discuss a fascinating new lawsuit contending that the Trump Administration is unconstitutionally "sabotaging" the Affordable Care Act as a whole. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Judge Kavanaugh on Separation of Powers

8/3/18  //  In-Depth Analysis

By Carolyn Shapiro: Judge Kavanaugh has a troubling and one-sided view of liberty and how to protect it.

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