A New Front in the Emolument Wars

7/20/17  //  Commentary

If the people of this nation want a president who acts unclouded by private financial benefits, they must step up and insist that their officials not pay illegal emoluments to Trump in the first place

Litigating the Supreme Court’s Entry Ban Opinion: What’s the Required Connection?

7/19/17  //  Commentary

All of the briefs are now in on the government’s motion to the Supreme Court for clarification of its order in Trump v. Hawaii.

Marty Lederman

Georgetown Law

Back to the Supreme Court on the Scope of the Entry Ban Injunction: First Thoughts

7/15/17  //  Commentary

Now that the travel ban is back in the Supreme Court, here are four additional, preliminary thoughts on where things stand.

Marty Lederman

Georgetown Law

Disability Advocates Challenge Medicaid Cuts

7/14/17  //  Commentary

Hundreds of people in wheelchairs, with walkers, and using ventilators protested in Senators’ offices and RNC offices across the country. Many traveled far from their homes, suffered blazing temperatures, and were denied access to bathrooms and elevators, to make their voices heard. And Senators and RNC staff refused to meet them, had them forcibly ejected, and called police to arrest them.

Eve Hill

Brown Goldstein & Levy

Versus Trump: I Want Out!

7/13/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Easha discuss the cases against Trump University, the global settlement that was reached, and whether the pending challenge by a lone objector can—or should—alter the result. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Trump Jr. and Citizens United

7/13/17  //  Commentary

In a perfect world, federal election law would distinguish between foreign governments involving themselves in U.S. elections and foreign nationals doing so. Unfortunately, we don't live in that perfect world because of the Supreme Court.

Michael C. Dorf

Cornell Law School

The Attacks on Mueller’s Investigation are Desperate, Baseless, and Unprecedented

7/13/17  //  Commentary

The President’s minions have been laying the groundwork for Mueller’s dismissal. But their attacks are ill-founded.

David Sklansky

Stanford Law School

An Airtight Opinion on Fugitive Emissions

7/12/17  //  Commentary

A recent D.C. Circuit opinion vindicates the principle that while agencies may have discretion over how laws are enforced, they cannot use that enforcement discretion to cancel legal obligations altogether.

Zachary Price

U.C. Hastings College of the Law

The Research on Malpractice and Nursing Homes

7/11/17  //  Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

Nick Bagley

University of Michigan Law School

What It Means To Be Presidential: Litigating Positions

7/11/17  //  Commentary

Jane Chong questioned whether the administration's “self-interested [legal] stance" in the cases about the emoluments clauses "is ... fundamentally at odds with the trust that the office [of the President] confers.” It's worth asking the same about the administration's litigating position on the scope of the injunction against the entry ban.

Leah Litman

Michigan Law School

No, Department of Justice, a Law Designed to Discriminate Against Minority Voters Should Not Remain on the Books

7/10/17  //  Commentary

In a challenge to Texas's strict voter ID law, DOJ has just turned its back on minority voters and victims of discrimination in Texas.

Danielle Lang

The Campaign Legal Center

The Voting Rights Agenda Must Include Felon Reenfranchisement

7/10/17  //  Commentary

As disenfranchisement and voter suppression efforts are on the rise, one partial response is reenfranchisement.

Nancy Leong

Sturm College of Law

What Alexander Hamilton Really Said

7/6/17  //  Commentary

For good reason, nearly everyone agrees that the Foreign Emoluments Clause applies to the President. And the main contrary argument rests on a misreading of the historical record.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: (Judicial) Independence Day Spectacular!

7/6/17  //  Commentary

On this week’s episode of Versus Trump, we celebrate Independence Day with a look at the past, present, and future of judicial independence. Jason and Easha discuss the origins of judicial power, and then talk about what the Trump Administration has done that may undermine the authority of the judiciary—and where that kind of talk might lead us. Listen now!

Easha Anand

San Francisco

President Trump’s Election Commission Has Already Violated Federal Law

7/5/17  //  Commentary

Larry Schwartztol of Protect Democracy on how Kris Kobach's request for voter information violated federal law.

Take Care