Masterpiece Cakeshop and Reading Smith Carefully: A Reply to Jim Oleske

10/30/17  //  In-Depth Analysis

Thomas C. Berg and Douglas Laycock respond to criticism of their amicus brief in the Masterpiece Cakeshop case.

Take Care

DOJ Goes Big So Prisoners Can't Go Home

10/26/17  //  In-Depth Analysis

DOJ now argues that people who are in prison based on mistaken understandings of criminal statutes must stay there. The Supreme Court should consider granting certiorari to correct its mistake (and the Eleventh and Tenth Circuits’).

Leah Litman

Michigan Law School

A Free Press Requires a Strong and Independent Judiciary

10/20/17  //  In-Depth Analysis

A free press and a strong judiciary are among the best bulwarks against authoritarianism, and we need one to have the other.

Nancy Leong

Sturm College of Law

Versus Trump: Pardon Our Tone

10/19/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The Supreme Court, Animus, And Amicus

10/10/17  //  In-Depth Analysis

Some thoughts on a brief in a case the Court had scheduled to hear today.

Leah Litman

Michigan Law School

The Value of Gerrymandering

10/7/17  //  Commentary

What is the value to democracy from political gerrymandering for partisan advantage? The intuitive answer is the right one: None.

G. Michael Parsons

NYU School of Law

In A Major Immigration Case, The Government Says “We’re Going Big, So Go Home”

10/2/17  //  In-Depth Analysis

The government is arguing it can deprive noncitizens of their legal rights simply by making it too difficult and painful to vindicate those rights.

Leah Litman

Michigan Law School

What Is The Government’s Word Worth In Court? (Part II)

9/29/17  //  Commentary

How much does the Supreme Court consider what the government has said in previous cases?

Leah Litman

Michigan Law School

What Is The Government’s Word Worth In Court? (Part I)

9/28/17  //  Commentary

How much does the Supreme Court consider what the government has said in previous cases?

Leah Litman

Michigan Law School

Sessions Changed DOJ's Longstanding Position on Voter Purges in a Key SCOTUS Case.

9/26/17  //  In-Depth Analysis

Now former DOJ officials are calling him on it.

Samuel Bagenstos

University of Michigan Law School

Looking Back On The Entry Ban Justifications

9/25/17  //  Commentary

The government and the courts have proven that one of the administration’s justifications for the now expired entry ban was a joke.

Leah Litman

Michigan Law School

Trump on Compelled Speech: Unconstitutional for Bakers; Fine for NFL Players

9/25/17  //  Commentary

Can Trump's Justice Department's position on Masterpiece Cakeshop be reconciled with his own views about professional athletes?

Michael C. Dorf

Cornell Law School

Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny

9/21/17  //  In-Depth Analysis

A sleeper issue is brought center stage by two leading religious liberty scholars

Jim Oleske

Lewis & Clark Law School

Appoint a Special Prosecutor, not an Amicus, to Challenge Arpaio’s Pardon

9/12/17  //  Commentary

This would ensure that the novel constitutional questions surrounding the pardon receive full adversarial testing

Andrew Crespo

Harvard Law School