Trump’s Trans Ban Isn’t 'Frozen'

8/30/17  //  Commentary

It’s time to stop pretending the Executive Branch is going to check Donald Trump.

Eli Savit

University of Michigan Law School

Proving Intentional Discrimination, Redux

8/30/17  //  Commentary

Insights from a recent lawsuit about Arizona’s decision to force the Tucson Unified School District to eliminate its successful Mexican American Studies program

Charlotte Garden

Seattle University School of Law

The Problem(s) With The Arpaio Pardon

8/29/17  //  Commentary

Like so much of what Trump has done, the Arpaio pardon raises multiple challenges to our constitutional system.

Leah Litman

Michigan Law School

Human Rights and Nuclear Ambitions

8/28/17  //  Commentary

Humanitarian concerns and international human rights law simply can’t be ignored or downplayed in any discussion of the North Korean nuclear problem—they are two sides of the same coin

Court Finds Discriminatory Purpose in Law Backed by Sessions DOJ

8/28/17  //  Commentary

DOJ's troubling shift on voting rights rightly failed to save a discriminatory Texas law

The Arpaio Pardon Through the Lens of Trump Exceptionalism

8/26/17  //  Commentary

This pardon by this most abnormal president threatens the rule of law

Michael C. Dorf

Cornell Law School

Life Comes At You Fast: The Norm Against Overt Racism Edition

8/25/17  //  Commentary

In the last two weeks, Trump bulldozed through the norm against overt racism

Helen Klein Murillo

Harvard Law School '17

Leah Litman

Michigan Law School

Versus Trump: Trump vs. The CFPB

8/24/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Neo-Nazis, Wedding Cakes, and Compelled Speech

8/24/17  //  Commentary

Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.

Michael C. Dorf

Cornell Law School

The EEOC's Rule on Wellness Programs Is Busted

8/23/17  //  Commentary

A federal judge has held that EEOC violated the APA in issuing a rule that would have allowed employers to penalize employees who opted out of wellness programs. But the judge has left the rule in place for now.

Nick Bagley

University of Michigan Law School

Charlottesville And The Minimization Of Racial Discrimination

8/23/17  //  Commentary

What happened in Charlottesville (along with the President's response to Charlottesville) should put to rest the idea that racism is a thing of the past.

Leah Litman

Michigan Law School

Helen Klein Murillo

Harvard Law School '17

Constitutional Arithmetic Post-Charlottesville: Sometimes One Plus One Equals Zero

8/20/17  //  Commentary

No, the First and Second Amendments do not add up to a right to publicly protest while carrying assault rifles.

Michael C. Dorf

Cornell Law School

Vending Machines and Websites - A False Equivalency

8/18/17  //  Commentary

A DOJ ADA brief on Coca Cola vending machines is being touted as a change in position on websites. Except it's not.

Eve Hill

Brown Goldstein & Levy

Versus Trump: The Voting Wars (Interview With Marc Elias)

8/17/17  //  Commentary

On this week’s episode of Versus Trump, we have an interview about voting laws and litigation with former Hillary for America General Counsel and current voting rights superlawyer Marc Elias. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

What's the Difference Between Confederate Leaders and Slave-owning Founding Fathers?

8/17/17  //  Commentary

We honor Washington and Jefferson despite the fact that they owned slaves, whereas memorials to the likes of Robert E. Lee, Jefferson Davis, and Stonewall Jackson honor them because they fought for a secessionist movement that had the preservation of slavery as its organizing principle.

Michael C. Dorf

Cornell Law School