Recent | Take Care

Trump and North Korea: Where's Congress?

Guest poster Eric Segall argues that Congress must act now to ensure that the President does not unilaterally commit an act of war without Congressional consent.

Take Care

Attacking North Korea Would Be Illegal

8/10/17 // Commentary

President Trump threatened this week to launch "fire and fury like the world has never seen" against North Korea. That is not something the Constitution lets him do without Congress.

Zachary Price

U.C. Hastings College of the Law

Two Branches, Two Leaders, Two Speeches to Adolescent Boys

8/9/17 // Commentary

Contrasting Trump with a grownup professional human being reminds one that Trump does not merely give horrible speeches; he is a horrible person.

Michael C. Dorf

Cornell Law School

Punching Down From The Pulpit, And Other Unpresidential Positions

8/8/17 // Commentary

The President’s litigation positions underscore how he views his office as a license to beat up on persons with less power.

Leah Litman

Michigan Law School

The War on Transgender Soldiers Flies in the Face of the Facts

8/7/17 // Commentary

By Ian W. Holloway & Jody L. Herman: As the Pentagon decides how to respond to Trump’s mandate, we urge that they consider our rigorous research and the lived experiences of transgender service members and their allies.

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Here's How Trump Could Sabotage Obamacare

8/2/17 // Commentary

Should the Trump Administration do whatever it can to make Obamacare work? Or should it sabotage the law in an effort to force Democrats to the bargaining table?

Nick Bagley

University of Michigan Law School

Second Thoughts About The Supreme Court’s Scheduling The Entry Ban Case

8/2/17 // Commentary

The Court’s October Calendar Further Underscores That It Never Actually Intends To Resolve The Legality Of The Entry Ban

Leah Litman

Michigan Law School

Trump's Hostility to LGBT Rights is Now Unmistakable

7/31/17 // Commentary

Several years ago the assertion that Title VII does not prohibit sexual orientation discrimination might have been seen as merely cautious; today it can only be apprehended as reactionary and bigoted

Richard Thompson Ford

Stanford Law School

Some Notes On The Latest “Ban”

7/31/17 // Commentary

There are some notable similarities between the President's announcement that transgender individuals would be banned from military service, and the ban(s) on entry from several Muslim majority countries.

Leah Litman

Michigan Law School

Slavery and the Right to Travel Armed: A Short History Lesson

7/31/17 // Commentary

By Saul Cornell: The opinion striking down D.C.'s gun law under the Second Amendment relies heavily on a selective culling of historical evidence—and a shocking ignorance of the most important facts about Anglo-American criminal law and its history.

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HIV is a Health Condition — Not a Crime

7/31/17 // Commentary

Despite consensus that criminalizing HIV has little public health effect, is not supported by scientific knowledge of transmission risks, and may violate the Americans with Disabilities, states are still enforcing laws against people living with HIV.

Eve Hill

Brown Goldstein & Levy