Masterpiece Cakeshop: The Loss that is a Win

6/5/18  //  Quick Reactions

In some cases, the public perception of a case — not its actual holding — is what is most important.

Amanda Shanor

The Wharton School

Ducking Day at the SCOTUS

6/5/18  //  Commentary

There are times when strategic ducking makes sense practically if not strictly legally

Michael C. Dorf

Cornell Law School

Masterpiece Cakeshop And The Entry Ban

6/4/18  //  Quick Reactions

In Masterpiece Cakeshop, Justice Kennedy tells us a lot about why the Court should reject the government's arguments on the First Amendment claim in the entry ban case.

Leah Litman

Michigan Law School

Legal Innocence and Federal Habeas

5/22/18  //  Commentary

A recent article shows why federal courts can and should revisit the convictions and sentences of many federal prisoners affected by Sessions v. Dimaya.

Leah Litman

Michigan Law School

Versus Trump: Preventing The Prevention Of The Teen Pregnancy Prevention Program

5/17/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

How the Russian Conspiracy Injured Real, Innocent People

5/16/18  //  Commentary

On Thursday, the one year anniversary of Special Counsel Robert Mueller’s appointment, attorneys for Donald Trump will stand up in a court of law to answer questions for the first time related to Russia. But it won’t be in the Mueller investigation.

Erwin Chemerinsky

U.C. Irvine School of Law

Presidential Statements and the Entry Ban

5/10/18  //  Commentary

A different take on how presidential statements or the possibility of them might affect Trump v. Hawaii (the entry ban case).

Leah Litman

Michigan Law School

The Solicitor General's Post-Factual World

5/8/18  //  Commentary

The SG's letter of correction to the Supreme Court says more about the kind of misstatements he will tolerate rather than the kind he won't.

Leah Litman

Michigan Law School

Correcting the Record in the Travel Ban Case

5/6/18  //  Latest Developments

Amir Ali has filed a letter at the Supreme Court concerning an erroneous factual representation by the Solicitor General

Joshua Matz

Publisher

September and/or January 25th (or how the Solicitor General learned to stop worrying and love the President’s disavowal of anti-Muslim animus)

4/30/18  //  Commentary

The Solicitor General is apparently still trying to figure out why the entry ban is constitutional.

Leah Litman

Michigan Law School

Versus Trump: Movin' Right Along

4/12/18  //  In-Depth Analysis

On a new episode of Versus Trump, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

Remedial Convergence and Collapse

4/11/18  //  Commentary

The Supreme Court's recent summary reversal in Kisela v. Hughes demonstrates some serious issues with the Court's approach to remedies in cases of executive violations of constitutional rights.

Leah Litman

Michigan Law School

Requiem for Reinhardt, Chief Justice of the Warren Court in Exile

4/6/18  //  Commentary

Reinhardt kept alive a powerful vision of the Constitution

Michael C. Dorf

Cornell Law School

A Different Take On The New Cert Petition In Williams v. Louisiana

3/20/18  //  Quick Reactions

There's another reason the Court should take a close look at the cert petition in Williams v. Louisiana.

Leah Litman

Michigan Law School

Where are the Facts?

3/1/18  //  Commentary

At oral argument in Janus v. AFSCME, Council 31, an important case about public sector unions, there were a lot of empirical questions—but not a lot of answers.

Brianne J. Gorod

Constitutional Accountability Center