Senator Collins's Shell Game On Roe v. Wade

7/3/18  //  Quick Reactions

Susan Collins claimed that there is no reason to worry about Justice Kennedy's replacement because the Chief Justice (!!!) and Justice Gorsuch (¯\_(ツ)_/¯) would never overturn Roe v. Wade. That's wrong.

Leah Litman

Michigan Law School

Versus Trump: Versus Mueller

6/28/18  //  Commentary

After two special interview episodes of Versus Trump, Jason and Charlie get back to the usual format and talk about the leaked Dowd memo arguing that President should not be required to sit for an interview with the Special Counsel. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

The Bearable Lightness of Janus

6/27/18  //  Quick Reactions

The Supreme Court's ruling in Janus sounds like a pretty big problem for organized labor. But it doesn’t have to be.

Aaron Tang

UC Davis School of Law

The Travel Ban and Inter-Branch Conflict

6/26/18  //  Commentary

The real problem is the Trump Administration itself. What feels like damage today is largely the echo of damage that already happened, rather than something new.

Richard Primus

University of Michigan Law School

On The Entry Ban, The Supreme Court Says It’s Up To Us

6/26/18  //  Quick Reactions

In Trump v. Hawaii, the Court reminded us that the courts will not be there to save us. It is up to us, instead.

Leah Litman

Michigan Law School

Entry Ban Animus Revisited

6/25/18  //  In-Depth Analysis

Many of the Supreme Court’s recent decisions tell us what we need to know: Under any meaningful standard for assessing government motives, the entry ban must fail.

Leah Litman

Michigan Law School

Abigail DeHart

Michigan Law School

Versus Trump: To End a Presidency? (Interview with Joshua Matz)

6/21/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason talks about the past, present, and future of impeachment with Joshua Matz. Joshua is the publisher of Take Care and the co-author, with Laurence Tribe, of the acclaimed new book To End a Presidency: The Power of Impeachment. Listen now!

Jason Harrow

Equal Citizens

Masterpiece Cakeshop and Protecting Both Sides

6/15/18  //  In-Depth Analysis

By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides

Take Care

What About the Free Speech Clause Issue in Masterpiece?

6/13/18  //  Commentary

Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.

Robert Post

Yale Law School

The Federal Courts and the Road to Impeachment

6/11/18  //  In-Depth Analysis

We must think more carefully about the role that federal courts can and should play at earlier stages of what may become impeachment investigations

Stephen Vladeck

University of Texas

The Supreme Court’s Upside-Down Decision In Masterpiece

6/7/18  //  Quick Reactions

By Nelson Tebbe & Larry Sager: Now is the time to solidify our understanding of Masterpiece, because other wedding vendor cases are still pending in the Supreme Court and in lower courts.

Nelson Tebbe

Brooklyn Law School

Masterpiece Cakeshop– A Troublesome Application Of Free Exercise Principles By A Court Determined To Avoid Hard Questions

6/7/18  //  In-Depth Analysis

A system that threatens to overturn any administrative decision that appears tainted – even harmlessly – by signs of religious bias is one that will inevitably favor religious interests over other concerns

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

Fury and Despair over the Masterpiece Cakeshop Ruling are Misplaced

6/6/18  //  Quick Reactions

Justice Kennedy makes an open-ended call for tolerance and compromise in his opinion. For that, he should be commended

Joshua Matz

Publisher

Jennings v. Rodriguez, Immigration Sins Of the Past, And The Forced Separation Of Families

6/6/18  //  Commentary

Jennings v. Rodriguez underscores how prior administrations, with the agreement of the federal courts, argued for expansive authority over immigration and immigration detentions that were ripe for abuse.

Leah Litman

Michigan Law School

A Puzzle about Standing (and the Affordable Care Act)

6/6/18  //  Commentary

A group of states has filed a new constitutional challenge in an effort to bring down health reform. But do they have standing to sue?

Nick Bagley

University of Michigan Law School