Trump and North Korea: Where's Congress?
Guest poster Eric Segall argues that Congress must act now to ensure that the President does not unilaterally commit an act of war without Congressional consent.
Attacking North Korea Would Be Illegal
President Trump threatened this week to launch "fire and fury like the world has never seen" against North Korea. That is not something the Constitution lets him do without Congress.
Here's How Trump Could Sabotage Obamacare
Should the Trump Administration do whatever it can to make Obamacare work? Or should it sabotage the law in an effort to force Democrats to the bargaining table?
Trump's Hostility to LGBT Rights is Now Unmistakable
Several years ago the assertion that Title VII does not prohibit sexual orientation discrimination might have been seen as merely cautious; today it can only be apprehended as reactionary and bigoted
Some Notes On The Latest “Ban”
There are some notable similarities between the President's announcement that transgender individuals would be banned from military service, and the ban(s) on entry from several Muslim majority countries.
Slavery and the Right to Travel Armed: A Short History Lesson
By Saul Cornell: The opinion striking down D.C.'s gun law under the Second Amendment relies heavily on a selective culling of historical evidence—and a shocking ignorance of the most important facts about Anglo-American criminal law and its history.
HIV is a Health Condition — Not a Crime
Despite consensus that criminalizing HIV has little public health effect, is not supported by scientific knowledge of transmission risks, and may violate the Americans with Disabilities, states are still enforcing laws against people living with HIV.
Obamacare As Superstatute
The Affordable Care Act has wrought a normative transformation in American views on healthcare and public policy