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

Versus Trump: Watch Out, Watch List

9/12/19  //  Commentary

On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!

Charlie Gerstein

Civil Rights Corps

No, Presidential Elector Litigation Will Not Lead To Chaos

9/4/19  //  Commentary

In Slate, Rick Hasen claims that litigation over the independence of presidential electors could "backfire spectacularly." I respectfully disagree.

How Many Bullets Do You Need?

9/4/19  //  Commentary

Various jurisdictions that have banned large-capacity magazines define large-capacity differently. So how many bullets are enough under the Second Amendment?

Michael C. Dorf

Cornell Law School

Versus Trump: Straight to the Supremes (We're Back!)

8/29/19  //  Commentary

This week on Versus Trump, Jason and Charlie are back from a hiatus, and they discuss why the Trump Administration has been going to straight to the Supreme Court with emergency requests so frequently. Listen now!

Charlie Gerstein

Civil Rights Corps

Expedited Removals, Jeopardized Due Process

8/26/19  //  Commentary

The Trump administration’s revamped expedited removal system unsettles the rulings that upheld the expedited removal system against constitutional challenges.

Kyle Skinner

Harvard Law School

Leah Litman

Michigan Law School

The Trump Administration’s Assault on Fair Housing

8/19/19  //  Commentary

Today, the Department of Housing and Urban Development (HUD) published a proposed rule that would substantially limit enforcement of the 1968 Fair Housing Act. This rule is deeply flawed.

Olatunde Johnson

Columbia Law School

Michelle Aronowitz

Private Practice

The Solicitor General’s Expedited Removal Petition

8/19/19  //  Commentary

Intervening legal developments counsel against granting the Solicitor General’s recent petition for certiorari on the expedited removal system.

Leah Litman

Michigan Law School

Kyle Skinner

Harvard Law School

The Long-Term Costs of Trump’s Racism

8/6/19  //  Commentary

Trump’s racism will have lasting consequences on our legal and political culture.

Kyle Skinner

Harvard Law School

Leah Litman

Michigan Law School

The House Has Already Opened an Impeachment Investigation Against Trump

7/26/19  //  Commentary

The Constitution’s text and structure — supported by judicial precedent and prior practice — show that impeachment is a process, not a single vote

Ask Mueller about Indicting a President: The Legal Error at the Heart of his Cryptic Report

7/23/19  //  Commentary

Let's not have unrealistic expectations of Mueller dropping bombshells. But if Congress is going to hold hearings, it should ask these questions.

Jed Shugerman

Fordham Law School

A Memorandum of Misunderstanding

7/22/19  //  Commentary

Mueller didn't indict Trump because DOJ policy prohibited him from doing so. That same policy points to the need for impeachment.