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

The Supreme Court’s Indefinite Immigration Detentions Of Children And Families

10/1/19  //  Commentary

How the Supreme Court facilitated DHS’s plan to indefinitely detain minors and their families.

Leah Litman

Michigan Law School

Same Flores Song, Different Verse

9/30/19  //  Commentary

Judge Gee’s earlier ruling on DOJ’s “application for relief” from the Flores settlement makes clear why her recent ruling invalidating DHS’s new regulation is correct.

Leah Litman

Michigan Law School

Whistleblower Scandal Contains Reminder of Last Scandal: Time for a New One?

9/27/19  //  Commentary

Although Trump isn't deliberately using each new scandal to distract from the last one, the phenomenon is nonetheless maddening. It's like a game of Bizarro World Whack-a-mole in which each time you whack a mole another hammer emerges that somehow enables the same mole to escape.

Michael C. Dorf

Cornell Law School