June Medical Services’ Double Threat to the Rule of Law

9/17/19  //  In-Depth Analysis

In recent months, commentators and the justices themselves have raised concerns about declining public confidence in the judiciary. But confidence has to be earned. Enforcing the law and summarily reversing the Fifth Circuit is an essential first step.

Take Care

Versus Trump: Watch Out, Watch List

9/12/19  //  Commentary

On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!

Charlie Gerstein

Civil Rights Corps

Federal Defenders and the Sixth Amendment's Zone of Interests

9/6/19  //  In-Depth Analysis

The zone of interests test shouldn't apply to constitutional claims seeking injunctive relief. But even if it does apply, it doesn't prevent federal defenders from challenging arbitrary limits on attorney access under the Sixth Amendment.

Joshua Matz

Publisher

Versus Trump: Trump v. Everyone Who Wants His Taxes

8/1/19  //  In-Depth Analysis

This week on Versus Trump, Jason and Charlie are back from a hiatus to discuss the President's lawsuit against New York State and the House Ways and Means Committee, both of whom—he says—may be conspiring to release his New York State tax returns. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Supreme Court 2018 Term in Review: Waaaaay Too Soon to Say that Kavanaugh-for-Kennedy Was Not a Game Changer

7/31/19  //  In-Depth Analysis

We have only just begun to see the true nature of Roberts Court version 8

Michael C. Dorf

Cornell Law School

Can Congress Investigate Whether the President Has Conflicts of Interest, is Compromised by Russia, or Has Violated the Law?

7/29/19  //  In-Depth Analysis

The President's lawyers are urging courts to hold that Congress’s oversight and regulatory authorities simply don't extend to investigating the wrongdoing, foreign influence over, and possible conflicts of interest of, the President of the United States. That's wrong.

Marty Lederman

Georgetown Law

A Memorandum of Misunderstanding

7/22/19  //  Commentary

Mueller didn't indict Trump because DOJ policy prohibited him from doing so. That same policy points to the need for impeachment.

Robert Bork’s America is Becoming Donald Trump’s America

7/15/19  //  Commentary

As President Trump puts additional judges on the federal courts for life and continues his own extreme policies, Bork’s America is coming to life more and more as Trump’s America.

Elliot Mincberg

People For the American Way

Constitutional Blindspot: How The Roberts Court Is Betraying Our Democracy

7/1/19  //  Commentary

The Roberts Court has a constitutional blindspot. It consistently ignores the many parts of the Constitution that help preserve and protect a vibrant democracy open to all.

Gundy, Raich, and Faustian Bargains

6/26/19  //  In-Depth Analysis

In Gundy, the liberal justices' desire to protect the administrative state led them to uphold an exceedingly punitive law. But this was a bad bargain. The conservatives will still reinvigorate the non-delegation doctrine, and a terrible law will still remain on the books.

Gregory Lipper

Clinton & Peed

Courting Disaster: Progressive Candidates’ Reticence on Judicial Nominations

6/25/19  //  Commentary

Will progressive candidates for national office be asked about judicial nominations and will these candidates make the federal judiciary a top-tier message? On paper at least, there are reasons to think progressive candidates will get it right this time.

Two Recent Decisions Confirm the Pivotal Role of Trump-Appointed Judges

6/25/19  //  Commentary

In two divided decisions issued one day in late June, the Supreme Court came awfully close to rewriting the law in two different areas that could have produced devastating consequences for all Americans

Elliot Mincberg

People For the American Way

John Roberts the Institutionalist?

6/22/19  //  Commentary

If his decision to join the dissent in Gundy v. United States is any sign of things to come, John Roberts the institutionalist has left the building

Gillian Metzger

Columbia Law School

Legitimacy and the Supreme Court

6/19/19  //  Commentary

It is illegitimate to consider legitimacy. So say many conservatives who seem terrified that Chief Justice John G. Roberts Jr. might care about public perception of the U.S. Supreme Court. But they are wrong.

Stephen Vladeck

University of Texas

Leah Litman

Michigan Law School

Joshua Matz

Publisher

Why a Loss for the House in Court Last Week Wasn’t All Bad News

6/14/19  //  Commentary

Although Judge McFadden made clear that he did not need to decide whether the House has standing to enforce subpoenas, what he said nonetheless strongly suggests that he would conclude that they do

Brianne J. Gorod

Constitutional Accountability Center