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

Joshua Matz

Publisher

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.

Versus Trump: The Past And Future Of Gerrymandering

7/18/19  //  Commentary

This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

The Rise of the Know-Nothing Judge

7/15/19  //  Commentary

Know-Nothing judges may drape themselves in the robes of judicial modesty, but they are activists to the core. And they may decide the fate of health reform.

Nick Bagley

University of Michigan Law School

Robert Bork’s America is Becoming Donald Trump’s America

7/15/19  //  Commentary

As President Trump puts additional judges on the federal courts for life and continues his own extreme policies, Bork’s America is coming to life more and more as Trump’s America.

Elliot Mincberg

People For the American Way

The President Cannot Constitutionally Block His Critics on Twitter

7/12/19  //  Commentary

The decision is a victory for free speech, an important signal to government officials in the social media era, and a refreshing holding that the President is not above constitutional constraint

Amanda Shanor

The Wharton School

Title VII Bans Discrimination Based on Sexual Orientation

7/11/19  //  Commentary

This conclusion follows directly from the statutory text and a brief glance at some dictionaries. Judges who have concluded otherwise based their analysis on faulty premises.

Joshua Matz

Publisher

Objections to Protecting Transgender People Under Title VII Are Meritless

7/10/19  //  Commentary

In this post, I address three of the most frequent objections to holding that Title VII prohibits discrimination based on transgender status

Joshua Matz

Publisher

Two Reasons Why Title VII Bans Discrimination Based on Transgender Status

7/9/19  //  Commentary

Discriminating against an employee because they are transgender violates Title VII in two distinct respects

Joshua Matz

Publisher

The Plain Meaning of Title VII

7/8/19  //  Commentary

According to Justice Kagan, we're all textualists now. What exactly does that mean as we interpret Title VII's ban on discrimination 'because of such individual's . . . sex'?

Joshua Matz

Publisher

Versus Trump: Is There A New Title X In Town?

7/4/19  //  Commentary

This week on Versus Trump, Jason and Charlie are joined by guest host Alexandra Brodsky to discuss the Ninth's Circuit's recent decision that let go into effect major new regulations for the primary federal program dealing with family planning and women's health—a program known as Title X. Listen now!

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

The Justice Department’s New Brief in Texas v. United States

7/4/19  //  Commentary

In a welcome surprise, the Trump administration has urged the Fifth Circuit not to dismiss the appeal of the decision invalidating the Affordable Care Act.

Nick Bagley

University of Michigan Law School