The Constitutionality of the 5-5-5 Supreme Court Plan

5/17/19  //  Commentary

It would be constitutional to have a 15-person Supreme Court consisting of five Republican-affiliated justices, five Democratic-affiliated Justices, and five more justices unanimously selected by the first ten from judges of the federal court of appeals for a single-year term

Daniel Epps

Washington University Law School

Ganesh Sitaraman

Vanderbilt Law School

Fiscal Hardball: House Democrats Need to Use Their Appropriation Authority to Reign in the Out-of-Control GOP

5/13/19  //  Commentary

By Eric J. Segall: The Democrats in Congress hold the power of the power of the pursue and they should use it to address norm breaking behavior by President Trump (and his GOP allies)

Take Care

Versus Trump: 2-For-39

5/2/19  //  Commentary

This week on Versus Trump, Jason discusses some fascinating research about how the Trump Administration has fared in the courts with Bethany Davis Noll, the Litigation Director at the Institute for Policy Integrity. They discuss challenges to Trump's regulatory agenda, why the Administration is losing at a historic rate, what is slipping through the cracks, and what come next. Listen now!

Jason Harrow

Equal Citizens

For Campaign Finance Violators, Crime Pays

4/24/19  //  Commentary

Michael D. Gilbert and Samir Sheth: As the 2020 election cycle gets underway, more super PACs might flout the rules, confident that their punishment won’t fit the crime

Take Care

The Constitutional Rule Against Bans On Previability Abortions Applies to Mississippi

4/22/19  //  Commentary

We recently filed an amicus brief asking the Fifth Circuit to apply the well settled rule that states may not prohibit women from accessing abortions prior to viability.

Leah Litman

Michigan Law School

Take Care

Versus Trump: Dems vs. The IRS?

4/18/19  //  Commentary

This week on Versus Trump, Jason, Charlie, and Easha discuss the brewing dispute over Trump's tax returns. Listen now!

The Mandatory Guidelines Predicament in the Sixth Circuit

4/11/19  //  Commentary

A recently filed amicus brief asks the Sixth Circuit to reconsider en banc whether prisoners challenged under the mandatory Guidelines can ever air the claim that their sentences are unconstitutional in light of Johnson v. United States.

Leah Litman

Michigan Law School

President Trump, Acting Appointments, and Why You Should Care

4/8/19  //  Commentary

President Trump has a pattern of ignoring the law to install acting officials of his own choosing

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Stop The Drills!

4/4/19  //  Commentary

This week on Versus Trump, Jason and Easha discuss a recent decision reversing President Trump's attempt to de-protect Arctic Ocean waters and permit drilling in the Great White North. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Versus Trump: Mueller-ing Things Over

3/28/19  //  Commentary

The Mueller Report is kinda, sorta here, so, on this week's episode of Versus Trump, Charlie and Jason analyze the Barr summary and then dive into the legal troubles of famous Trump antagonist Michael Avenatti. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Why the New Push to Kill Obamacare Is So Alarming

3/27/19  //  Commentary

The Justice Department has a durable commitment to defending acts of Congress whenever a non-frivolous argument can be made in their defense. The Trump administration is putting that commitment to the torch.

Nick Bagley

University of Michigan Law School

The Two Sides of Donald Trump in The @RealDonaldTrump Litigation

3/25/19  //  Commentary

The government’s brief is at war with itself with respect to the state action and government speech doctrines in the @realdonaldtrump litigation.

Kyle Skinner

Harvard Law School

Leah Litman

Michigan Law School

Christian Nationalism and the Bladensburg Cross

3/25/19  //  Commentary

One of the core goals of the Establishment Clause is to stave off developments like Christian nationalism and its hierarchies of citizens. The Bladensburg cross reflects and strengthens this troubling strain in American society.

Versus Trump: 100!

3/21/19  //  Commentary

On this week's 100th episode of Versus Trump, Charlie, Easha, and Jason offer a few quick hits and then have a discussion about the effect of litigation against the President personally and against the Administration. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Republicans['] Own Constitutional Discourse

3/12/19  //  Commentary

Democrats used to dominate constitutional discourse. Now Republicans do.

David Pozen

Columbia Law School