Why Regulate Guns?

11/30/19  //  Commentary

When the Supreme Court considers an important Second Amendment case this week, it ought to consider a robust conception of the state's interest in regulating firearms. Properly understood, the state's interest in adopting gun laws includes much more than mere empirical studies about how effective gun laws are at preventing wrongful gun deaths.

Reva Siegel

Yale Law School

Joseph Blocher

Duke Law School

The Contempt of William G. Barr

11/22/19  //  Commentary

Attorney General Barr recently said that "the Left that is engaged in the systematic shredding of norms and the undermining of the rule of law." Barr's outright partisanship relies on misunderstandings of history and a misguided view of the role of the attorney general.

Peter M. Shane

Ohio State, Moritz College of Law

Versus Trump: What Is Bribery?

11/21/19  //  Commentary

On this week’s Versus Trump, Jason, Charlie, and Easha discuss the definition of "bribery" for impeachment purposes, since Nancy Pelosi claimed that's what the evidence is showing at the impeachment hearings. They talk about how Congress and citizens should think about this notoriously slippery idea. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Arguing Queer Rights

11/18/19  //  Commentary

The Supreme Court arguments in the Title VII cases provide a good occasion to revisit how we talk about gender and sexual minorities.

Take Care

The DACA Trap

11/6/19  //  Commentary

The Supreme Court will hear arguments next week in a case about whether the Trump Administration can revoke DACA. But progressives ought to be wary of the long-term effects of prevailing. A win here could very well make it very hard to undo the lax enforcement policies of the current Administration.

Zachary Price

U.C. Hastings College of the Law

Impeachment Trials and the Senator’s Oath of Impartial Justice

11/5/19  //  Commentary

Senators who vote on removal following impeachment trials must take an oath akin to that of a juror. The oath requires them to be impartial and vote regardless of the president's party affiliation. Will Senators do that here?

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

A Note on the Trea Turner Interference Call

11/4/19  //  Commentary

Sometimes, big calls in sports help illuminate key issues in the law and the role of judges. This year's World Series had one such major moment.

Impeachment and Congress's Power of the Purse

10/29/19  //  Commentary

The President does not have constitutional authority to withhold foreign aid that Congress has mandated by statute.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: A Real Impeachment Episode

10/24/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie really talk impeachment. They answer two questions that have been debated in the media. First, does the full House need to vote to formally start impeachment proceedings? Second, does the President have a right, at this point in the investigation, to have his lawyers in the room to cross-examine witnesses or present opposing views? Listen now for the answers!

Charlie Gerstein

Civil Rights Corps

Sex Discrimination Behind the Veil Is Still Sex Discrimination

10/11/19  //  Commentary

Even if an employer were to impose a purportedly neutral rule that he did not hire people attracted to the same sex, in practice, that rule would impose two discriminatory sex-based rules

Amanda Shanor

The Wharton School

Barr Has Broken His Promises on Avoiding Personal and Partisan Politics at DOJ

10/11/19  //  Commentary

Barr has broken the first rule for any attorney general: the rule of sound judgment and impartial apolitical administration of justice

Elliot Mincberg

People For the American Way

Overriding Trump on Troop Withdrawals

10/10/19  //  Commentary

Under Article I of the Constitution, Congress can require the President to keep troops in particular locations

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Uncle Charlie's Comity Hour

10/10/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the major recent decision dismissing the President's attempt to block his accounting firm from turning over his tax returns to the Manhattan DA. Listen now!

Charlie Gerstein

Civil Rights Corps

Could A Ruling Against LGBT Rights in Bostock Allow Employers to Discriminate on the Basis of Religion?

10/7/19  //  Commentary

Permitting employers to discriminate against LGBT employees would open to the door to the same kind of discrimination against millions of Americans of faith

Aaron Tang

UC Davis School of Law

When The Government Asserts An interest In Discrimination

10/7/19  //  Commentary

The Trump Department of Justice has recently started asserting that the federal government has an interest in discrimination, rather than in preventing discrimination

Leah Litman

Michigan Law School