The First DACA Rescission Was Arbitrary and Capricious. Will the Next One Also Be?

2/16/18  //  Commentary

Should Congress adopt a permanent fix to DACA in the coming days, the preliminary injunction will prove unimportant. But given deep divisions within and among the parties, that is hardly a sure thing. Accordingly, the ruling warrants careful study.

Michael C. Dorf

Cornell Law School

Versus Trump: Are Medicaid Work Requirements Legal?

2/15/18  //  Commentary

On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Relitigating Whole Woman's Health v. Hellerstedt

2/12/18  //  Commentary

A recently filed amicus brief highlights how one court has departed from Whole Woman's Health and other cases.

Leah Litman

U.C. Irvine School of Law

Masterpiece Cakeshop: Beware the False Equivalence

2/12/18  //  Commentary

Tolerating discrimination and tolerating the desire not to be discriminated against are simply not the same.

Versus Trump: The House Versus The FBI

2/8/18  //  Commentary

On the latest episode of Versus Trump, Charlie and Easha talk all things Russia investigation (or tangentially Russia investigation)—the Nunes #meh-mo, the fallout therefrom, and whether Trump will be interviewed by the Special Counsel.

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The President’s Latest Tweet on Health Care and Why it Matters

2/6/18  //  Commentary

The President's latest healthcare tweet is an example of how his own policy preferences are inconsistent, in a way that will prevent him from accomplishing his own stated goals.

Rachel Sachs

Washington University Law School

Trump’s Male-Dominated Appointments Close the Door for Women

2/5/18  //  Commentary

President Trump's selection of primarily male nominees for a variety of positions will have consequences for the profession in the long run.

Leah Litman

U.C. Irvine School of Law

Helen Marie Berg

Michigan Law

Versus Trump: Is There A Freedom To Say Goodbye?

2/1/18  //  Commentary

On a new episode of Versus Trump, Charlie and Jason discuss an unexpected recent opinion that held that Ravi Ragbir, an immigration activist and alien subject to deportation, had the "freedom to say goodbye" before he could be removed from this country. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Can Trump Replace Rosenstein Without the Senate?

2/1/18  //  Commentary

What if the president has no power to replace Rod Rosenstein after firing him—at least not without help from the Senate?

Nikolas Bowie

Harvard Law School

A New Threat to Punish Sanctuary City Officials

1/24/18  //  Commentary

Once again, the Trump Administration is baselessly threatening its political opponents with criminal charges.

Eli Savit

University of Michigan Law School

Guantánamo and President Trump’s Anti-Muslim Animus

1/24/18  //  Commentary

By Nimra Azmi and Sirine Shebaya: Trump's position on Guantánamo perfectly aligns with his habitual rejection of the idea that Muslims accused of terrorism are entitled to any constitutional protections

Take Care

Donald Trump's New Intelligence Slush Fund

1/22/18  //  Commentary

The continuing resolution that was signed by President Trump contains a provision that permits his intelligence agencies to spend billions of dollars on anything they want, without having to inform Congress about what they are doing. This seems like a bad idea.

Ian Samuel

Harvard Law School

Versus Trump: DACA's Back!

1/18/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Polarization, Deregulation, and Situational Legalism

1/16/18  //  Commentary

Highlights from a recent conference on deregulation in the Trump era

Zachary Price

U.C. Hastings College of the Law

Trump’s Racism

1/16/18  //  Commentary

In increasingly vile and shocking ways, Trump has proven himself an unreformed racist on the model of the authors of Massive Resistance.

Richard Thompson Ford

Stanford Law School