The Costs Of The Census Debacle

7/15/19  //  Quick Reactions

Even though the administration ultimately caved and chose not to include a citizenship question on the census, its two-week flirtation with including a citizenship question on the 2020 census had significant costs.

Leah Litman

Michigan Law School

United States v. Davis: And Now Comes The Good Part

6/24/19  //  Quick Reactions

The reach of the Supreme Court’s opinion in United States v. Davis will be dictated by a host of procedural rules.

Leah Litman

Michigan Law School

The Letter On The Census And The Supreme Court

6/5/19  //  Quick Reactions

Recent revelations in the census case at the Supreme Court are also relevant to another case at the Court--partisan gerrymandering.

Leah Litman

Michigan Law School

Clarence Thomas's Misplaced Anti-Eugenics Concurrence in the Indiana Abortion Case

5/30/19  //  Commentary

Justice Thomas argues that because some people once favored a legal right to abortion for a bad reason, it should be banned today. That argument is mistaken.

Michael C. Dorf

Cornell Law School

The Constitutional Rule Against Bans On Previability Abortions Applies to Mississippi

4/22/19  //  Commentary

We recently filed an amicus brief asking the Fifth Circuit to apply the well settled rule that states may not prohibit women from accessing abortions prior to viability.

Leah Litman

Michigan Law School

Take Care

Relitigating Dunn v. Ray

4/17/19  //  In-Depth Analysis

The Supreme Court has insisted on relitigating and reaffirming its decision in Dunn v. Ray. So let's do that.

Leah Litman

Michigan Law School

Something Is Rotten In States’ Execution Protocols And Capital Litigation at SCOTUS

4/15/19  //  In-Depth Analysis

Some recent cases suggest that, if anything, the Supreme Court should be harder on states in capital litigation proceedings. Instead, the Court has done the opposite.

Leah Litman

Michigan Law School

The Two Sides of Donald Trump in The @RealDonaldTrump Litigation

3/25/19  //  Commentary

The government’s brief is at war with itself with respect to the state action and government speech doctrines in the @realdonaldtrump litigation.

Kyle Skinner

Harvard Law School

Leah Litman

Michigan Law School

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

Michigan Law School

SCOTUS And The Wall

3/4/19  //  Commentary

One of the Supreme Court’s pending cases is potentially relevant to one of the challenges to the President’s emergency declaration.

Leah Litman

Michigan Law School

Might the SCOTUS be Wrong in its Unanimous Ruling that Dead Judges Can't Judge?

3/3/19  //  Commentary

The decision is justifiable as a bright-line rule, but the case was not quite the no-brainer that the justices imagined

Michael C. Dorf

Cornell Law School

A Note Of Caution About Timbs v. Indiana

2/25/19  //  Quick Reactions

The concurring opinions in Timbs v. Indiana raise some concerns about how (some of) the Justices would address the Trump administration’s treatment of undocumented minor women.

Leah Litman

Michigan Law School

The Substance of the Supreme Court’s procedure

2/13/19  //  In-Depth Analysis

Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.

Leah Litman

Michigan Law School

Justice Kavanaugh Said No On Roe

2/11/19  //  Quick Reactions

In June Medical Services, Justice Kavanaugh did exactly what reproductive justice advocates said he did on the court of appeals, and warned he would do once he got to the Supreme Court. Are you listening Susan Collins?

Leah Litman

Michigan Law School

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

Michigan Law School