Recent | Take Care

Standing Up For Standing in CREW v. Trump

4/26/17 // Quick Reactions

Everyone should give a tip of the hat to the new plaintiffs in the CREW v. Trump lawsuit.

Leah Litman

Michigan Law School

Echoes of History in Objections to Federal Enforcement of Voting Rights

4/21/17 // Commentary

A letter about how to fix DOJ’s Civil Rights Division has some interesting parallels to a recent voting rights dissent.

Leah Litman

Michigan Law School

There’s Unquestionably Standing in the CREW Case. Here’s Why.

4/19/17 // In-Depth Analysis

The additional plaintiffs in the CREW case unquestionably have standing.

Jonathan Taylor

Gupta Wessler PLLC

Real Reasons To Worry About Filibuster Repeal

4/10/17 // Commentary

The filibuster repeal itself is ultimately far less important than some deeper trends it reflects concerning partisanship, institutional norms, and the separation of powers in our constitutional order.

Zachary Price

U.C. Hastings College of the Law

The Nuclear Option and Democratic Deterioration

4/10/17 // Commentary

The Gorsuch nomination battle illustrates and exacerbates the dynamics of democratic deterioration. Reversing these trends will require elected officials to act with courage. It will also require significant structural changes to our political system.

Daniel P. Tokaji

Ohio State, Moritz College of Law

The Trump Administration’s Immigration-Related Detentions

3/24/17 // Commentary

The Supreme Court is considering a major constitutional challenge to federal immigration detention policies. Trump’s recent executive orders make that case even more significant.

Leah Litman

Michigan Law School

NFIB v. Sebelius As Anti-Canon (a.k.a. This Administration’s Galling Constitutional Hypocrisy)

3/23/17 // In-Depth Analysis

The Trump administration is engaged in stunning constitutional hypocrisy. Measured against conservatives' professed commitment to "liberty" and "freedom," there is no serious distinction to be drawn between Obamacare and Trump's American Health Care Act.

Leah Litman

Michigan Law School

Justice Gorsuch, Executive Power, And Muslim Ban 2.0

3/20/17 // In-Depth Analysis

A careful review of Judge Gorsuch's record reveals strong reason to believe that he would vote to uphold President Trump's revised Muslim Ban (and potentially many other executives abuses, too).

Leah Litman

Michigan Law School

Amir Ali

Roderick & Solange MacArthur Justice Center

On Key Issues, Judge Gorsuch Is Pro-Presidential Power

3/20/17 // In-Depth Analysis

Although Judge Gorsuch is often described as "good" for the separation of powers, on key issues he is a formalist and would take a decisively pro-presidential view.

Leah Litman

Michigan Law School

Faith in the Ninth Circuit

3/16/17 // Commentary

An analysis of Judge Bybee's dissent from denial of rehearing en banc in Washington v. Trump, and some predictions about the future of President Trump's revised entry ban.

Daniel Hemel

University of Chicago Law School