Recent | Take Care

Morales-Santana and the "Mean Remedy"

Justice Ginsburg's opinion in Sessions v. Morales-Santana exacerbates many of the shortcomings of our immigration system.

Ian Samuel

Harvard Law School

See You In Court: Ninth Circuit Round 2

6/12/17 // Quick Reactions

A quick recap of the Ninth Circuit's decision in Hawaii v. Trump with thoughts about what it portends for the Supreme Court.

Leah Litman

Michigan Law School

States And The Emoluments Clause

6/12/17 // Commentary

In a new lawsuit, Maryland and D.C. allege that the President's violations of the Emoluments Clauses harm their sovereign, quasi-sovereign, and proprietary interests. Those interests get special solicitude in federal court.

Leah Litman

Michigan Law School

The Two Sides Of Donald Trump, As Reflected in The Government's Motion to Dismiss in the CREW Emoluments Case

6/12/17 // Quick Reactions

The government's motion to dismiss alternately characterizes CREW's lawsuit as a case involving "official action" and a case involving solely a private "business venture." The different descriptions go to the core of CREW's lawsuit, which is that given the President's business affairs, we don't know when he's acting as President or as a businessman.

Leah Litman

Michigan Law School

The Government’s Vanishing National Security Rationale (aka Round 10000 In The Incompetence Versus Malevolence Debate)

6/8/17 // Commentary

The government’s litigation strategy in the travel ban litigation undermines the purported national security rationale for the entry ban.

Leah Litman

Michigan Law School

The Basic Error In Texas’s Amicus Brief In The Travel Ban Case (aka Youngstown Zone Zero Redux)

6/7/17 // Commentary

Texas’s Amicus Brief Makes An Argument That Is So Obviously Wrong Some People Thought It Was Not Worth Responding To

Leah Litman

Michigan Law School

Ian Samuel

Harvard Law School

Tweetstorm Round Deux

6/5/17 // Commentary

The President's latest statements on Twitter undermine DOJ's defense of the entry ban, and continue the President's efforts to blame everyone (including DOJ and the courts) but himself.

Leah Litman

Michigan Law School

The President's Statements On The London Attacks

6/5/17 // Commentary

The President's statements on the London attacks reveal how the President thinks about his entry ban, and also what he might do if there is ever an attack on the United States.

Leah Litman

Michigan Law School

Helen Klein Murillo

Harvard Law School '17

A Response to Will Baude on Mootness in the Entry Ban Case

6/3/17 // Commentary

I've argued that the Supreme Court shouldn't grant review of the travel ban case because 33 hours after the Respondents file their response to the petition for certiorari on June 12, the entry ban will no longer be operative. Here I respond to two purportedly “plausible” alternative interpretations of the executive order offered by William Baude.

Marty Lederman

Georgetown Law

The Travel Ban And The Supreme Court

6/2/17 // Quick Reactions

The government's petition for certiorari and stay requests raise some difficult timing issues in the travel ban litigation.

Leah Litman

Michigan Law School

The Rule of Law and the Resistance Police

6/1/17 // Commentary

Trump’s defenders have long ascribed illegitimate motives to his critics. Now they’re doing that to the judges who have found Trump’s policies unlawful. That’s not okay.

Leah Litman

Michigan Law School

Helen Klein Murillo

Harvard Law School '17

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