Against Deference: Considering the Trump Travel Ban

12/8/17  //  Commentary

By Vicki Jackson & Judith Resnik: Upholding the third travel ban out of deference to the President on matters of foreign affairs would be a tragic mistake.

Take Care

Legal Grounds for an Impeachment Investigation of the President

12/7/17  //  Commentary

By Ron Fein et al: Based on publicly reported information, as of today there are at least eight grounds for the House to authorize the Judiciary Committee to begin hearings on whether to impeach President Donald J. Trump.

Take Care

What’s the Price of Tolerance?

12/7/17  //  Commentary

Robust protection of speech does not require gutting laws that help ensure that all persons—regardless of race, gender, religion, or sexual orientation—can buy the good and services they desire, free from discrimination.

President Trump's Assault on the Antiquities Act

12/5/17  //  Commentary

On Monday, President Trump announced that his administration was taking dramatic action to reduce the size of two national monuments in Utah. The President’s announcement is out of step with historical use of the Antiquities Act.

Trump’s Newest Attack on the Rule of the Law

12/4/17  //  Commentary

Trump isn’t just reckless, and he doesn’t just seem to think he is above the law. He has an authoritarian’s hostility to the very idea of a principled inquiry into the truth.

David Sklansky

Stanford Law School

Net Neutrality as a Response to the Potential Harms of Vertical Integration

11/30/17  //  Commentary

The case for net neutrality comes down a pithy adage: Trust [that carriers won’t violate net neutrality principles], but verify [compliance through enforceable rules]

Tejas Narechania

UC Berkeley School of Law

Versus Trump: Borderline Searches + Response To First Mondays

11/16/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's electronic devices at the U.S. border, and they also respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

D.C. and Maryland Have Standing to Sue for Emoluments Clause Violations

11/16/17  //  Commentary

On Tuesday, we and 18 other law professors submitted an amicus brief in federal district court arguing that the District of Columbia and Maryland have standing to pursue their constitutional claims.

Seth Davis

U.C. Irvine School of Law

Daniel Hemel

University of Chicago Law School

The Brutal Math of Repealing the Individual Mandate

11/16/17  //  Commentary

Is the country really better off if millions of people forgo medical care, and millions more go bankrupt, so that corporations can pay lower taxes? That’s not a rhetorical question. Those are the stakes of the game.

Nick Bagley

University of Michigan Law School

Hargan v. Garza And The (Near) Future Of Abortion Access

11/16/17  //  Commentary

Hargan v. Garza is but one instance in a broader attack on abortion access.

Leah Litman

U.C. Irvine School of Law

Hargan v. Garza As The Trump Administration's Vision For DOJ

11/13/17  //  Commentary

DOJ's conduct in Hargan v. Garza is the clearest example of how this administration wants to use DOJ for political purposes.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Updates, Y'all!

11/9/17  //  Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

The Diversity Lottery and the Lottery of Birth

11/8/17  //  Commentary

An immigration lottery has symbolic value. It symbolizes the role that luck plays in all our lives, including with respect to citizenship.

Michael C. Dorf

Cornell Law School

Trump’s Anti-Trans Animus, Unmasked

11/6/17  //  Commentary

By Scott Skinner-Thompson: A federal district court has concluded that President Trump’s ban on transgender people in the military was likely motivated by animus, not readiness.

Take Care

The Pardon Power is a Bug, Not a Feature

11/1/17  //  Commentary

The pardon power is a kind of booby trap that threatens to explode our system of constitutional accountability.

Michael C. Dorf

Cornell Law School