Why a Loss for the House in Court Last Week Wasn’t All Bad News

6/14/19  //  Commentary

Although Judge McFadden made clear that he did not need to decide whether the House has standing to enforce subpoenas, what he said nonetheless strongly suggests that he would conclude that they do

Brianne J. Gorod

Constitutional Accountability Center

Why the Spotlight On Chief Justice Roberts May Soon Be Brighter—and Why That Matters

6/13/19  //  Commentary

Chief Justice Roberts would preside over any impeachment trial of President Trump. Here's why that matters.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Listener Mailbag

6/6/19  //  Commentary

This week on Versus Trump, Jason and Charlie answer listener mail and talk about nationwide injunctions at Gregory's request; talk more about court packing at the request of Micah; and respond to Ben's thoughts on subpoena enforcement. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

The Supreme Court’s Pretext Predicament in the Age of Trump

6/5/19  //  Commentary

By Joel Dodge: The Supreme Court must make a choice: either accept false justifications peddled by government lawyers, or insist upon getting the truth

Take Care

Clarence Thomas's Misplaced Anti-Eugenics Concurrence in the Indiana Abortion Case

5/30/19  //  Commentary

Justice Thomas argues that because some people once favored a legal right to abortion for a bad reason, it should be banned today. That argument is mistaken.

Michael C. Dorf

Cornell Law School

The Costs of the EPA's Foot-Dragging and Obstinacy

5/20/19  //  Commentary

The EPA, like many other agencies, is using every tool in the toolbox to avoid implementing the law. This trend is leading many courts to not give EPA and other agencies the benefit of the doubt in litigation.

Susannah Weaver

Donahue, Goldberg & Weaver, LLP

Roe v. Wade, Frontiero v. Richadson, and the Equal Rights Amendment

5/20/19  //  Commentary

I clerked for Justice Brennan at the time. Here's how the proposed Equal Rights Amendment affected Roe v Wade and Frontiero v. Richardson.

Geoffrey R. Stone

UChicago Law School

The Constitutionality of the 5-5-5 Supreme Court Plan

5/17/19  //  Commentary

It would be constitutional to have a 15-person Supreme Court consisting of five Republican-affiliated justices, five Democratic-affiliated Justices, and five more justices unanimously selected by the first ten from judges of the federal court of appeals for a single-year term

Daniel Epps

Washington University Law School

Ganesh Sitaraman

Vanderbilt Law School

Fiscal Hardball: House Democrats Need to Use Their Appropriation Authority to Reign in the Out-of-Control GOP

5/13/19  //  Commentary

By Eric J. Segall: The Democrats in Congress hold the power of the power of the pursue and they should use it to address norm breaking behavior by President Trump (and his GOP allies)

Take Care

Versus Trump: 2-For-39

5/2/19  //  Commentary

This week on Versus Trump, Jason discusses some fascinating research about how the Trump Administration has fared in the courts with Bethany Davis Noll, the Litigation Director at the Institute for Policy Integrity. They discuss challenges to Trump's regulatory agenda, why the Administration is losing at a historic rate, what is slipping through the cracks, and what come next. Listen now!

Jason Harrow

Equal Citizens

For Campaign Finance Violators, Crime Pays

4/24/19  //  Commentary

Michael D. Gilbert and Samir Sheth: As the 2020 election cycle gets underway, more super PACs might flout the rules, confident that their punishment won’t fit the crime

Take Care

The Constitutional Rule Against Bans On Previability Abortions Applies to Mississippi

4/22/19  //  Commentary

We recently filed an amicus brief asking the Fifth Circuit to apply the well settled rule that states may not prohibit women from accessing abortions prior to viability.

Leah Litman

U.C. Irvine School of Law

Take Care

Versus Trump: Dems vs. The IRS?

4/18/19  //  Commentary

This week on Versus Trump, Jason, Charlie, and Easha discuss the brewing dispute over Trump's tax returns. Listen now!

The Mandatory Guidelines Predicament in the Sixth Circuit

4/11/19  //  Commentary

A recently filed amicus brief asks the Sixth Circuit to reconsider en banc whether prisoners challenged under the mandatory Guidelines can ever air the claim that their sentences are unconstitutional in light of Johnson v. United States.

Leah Litman

U.C. Irvine School of Law

President Trump, Acting Appointments, and Why You Should Care

4/8/19  //  Commentary

President Trump has a pattern of ignoring the law to install acting officials of his own choosing

Brianne J. Gorod

Constitutional Accountability Center