CREW’s New and Improved Legal Complaint Against Trump

4/24/17  //  Commentary

Matthew Stephenson (Harvard Law School) analyzes CREW's emoluments clause lawsuit against President Trump, discussing the recent addition of two plaintiffs and the likely course ahead.

Take Care

Trump Is Weakening His Only Defense of the Sanctuary Cities Order . . . by Enforcing It

4/24/17  //  Commentary

DOJ argues that Trump's orders threatening sanctuary cities can't be challenged because they remain speculative. But a recent volley of menacing letters from DOJ to sanctuary cities and counties, and to the State of California, has blasted a hole in DOJ's own defense.

Nikolas Bowie

Harvard 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

U.C. Irvine School of Law

A Different View of Why the Muslim Ban Violates the Establishment Clause

4/20/17  //  Commentary

A diverse group of leading constitutional law scholars—representing many different views about the Establishment Clause—has filed an amicus brief challenging the Muslim Ban. Here's what you need to know.

Joshua Matz

Publisher

Information Wars Part V: Immigrant Crime Disinformation

4/20/17  //  Commentary

In its war on information, the Trump administration is not just trying to hide the facts. It’s also trying to misrepresent them.

Leah Litman

U.C. Irvine School of Law

Information Wars Part IV: Doing Violence To Sensible Policy on Guns

4/19/17  //  Commentary

The Trump administration’s efforts to disguise the facts by not deigning to look for them—and discouraging others from doing so—resemble the United States’ policy on research related to gun violence and gun possession.

Leah Litman

U.C. Irvine School of Law

Competitor Plaintiffs in Emoluments Clause Case Bolster Standing

4/19/17  //  Commentary

CREW has amended its complaint in the widely-watched emoluments case. The addition of two new plaintiffs should make the lawsuit bulletproof on standing grounds.

Michael C. Dorf

Cornell Law School

Is the Trinity Lutheran Church Case Moot?

4/18/17  //  Commentary

Under President Trump, questions about the role of religion have come to the fore. The Supreme Court was set to decide a major Free Exercise issue this Term, but it now seems that the case is moot.

Marty Lederman

Georgetown Law

Information Wars Part III: Climate Changing the Facts

4/18/17  //  Commentary

The Trump administration is engaging in climate denial by concealing information relevant to environmental policy.

Leah Litman

U.C. Irvine School of Law

"School Choice" May Leave Students with Disabilities No Choice

4/17/17  //  Commentary

Privatization and decentralization of public education will return the U.S. to the days when students with disabilities were out-of-sight and out-of-mind, without meaningful education. Public schools could become the new institutions.

Eve Hill

Brown Goldstein & Levy

The Blind Side In Trump’s War On The Administrative State

4/17/17  //  Commentary

Neomi Rao’s nomination to serve as Administrator of the Office of Information and Regulatory Affairs (OIRA) is part of Trump and Bannon’s war on the administrative state.

Leah Litman

U.C. Irvine School of Law

Ian Samuel

Harvard Law School

DeVos Gives Accountability the Boot

4/14/17  //  Commentary

Education Secretary Betsy DeDos has jettisoned memos that hold student loan services accountable for past performance. That hurts everyone except her buddies in the loan servicing industry.

Danielle D'Onfro

Washington University Law School

Information Wars Part II: Undermining Our Understanding of Police Practices

4/14/17  //  Commentary

As part of the Trump administration's war on information, the administration has started to roll back federal investigations into police violence and criminal justice.

Leah Litman

U.C. Irvine School of Law

Trump and the Decline of the American Middle

4/14/17  //  Commentary

Do our constitutional arrangements predict just the kind of political failure that materialized in November 2016? If so, does that mean that the long-term remedy for that failure lies in constitutional reform? Does our constitutional fate determine our political fate?

Jamal Greene

Columbia Law School

We Need a National Debate on a Federal Tax on Wealth

4/14/17  //  Commentary

America’s increasing economic inequality threatens our liberal democracy. We need urgently to find innovative tools to counter the erosion of our foundational, shared belief in opportunity and fairness, the American Dream.

Walter Dellinger

O'Melveny & Myers

Dawn Johnsen

Indiana University Maurer School of Law