7/5/17  //  Commentary

The Trump Administration has quietly retreated from (and sought to undo) an effort by the Centers for Medicare and Medicaid Services to push back on mandatory arbitration.

6/30/17  //  Commentary

Our current political climate makes it especially troubling to imagine the government privileging majority religions over minority ones.

6/29/17  //  Commentary

A post on the absurdity of the Administration’s interpretation of the Supreme Court’s modification of the travel-ban/refugee-limit preliminary injunctions.

6/29/17  //  Commentary

The administration has again attempted to push the boundaries to see what it can get away with on the travel ban guidance.

6/29/17  //  Commentary

On this week’s episode of Versus Trump, we discuss a lurking issue with opposing Trump in upcoming elections: partisan gerrymandering. Charlie and Easha take a close look at the case of Gil v. Whitford, a case the Supreme Court recently announced it will take up next fall. In Gil, the Supreme Court may boldly announce a new rule that might seriously curb partisan gerrymandering—or the Court may entirely stop courts from being able to hear these cases at all. Listen now!

6/29/17  //  Commentary

The challenged Arkansas law most certainly violated Obergefell's call for equal access to the constellation of benefits that accompany marriage. The per curiam got it right.

6/29/17  //  Commentary

Thoughts on the consequences of the Republicans’ strategy to sabotage the Affordable Care Act.

6/28/17  //  Commentary

In an op-ed in the L.A. Times, I explain why the Senate health care bill would hurt, not help, freedom.

6/28/17  //  Commentary

The votes in this case mask very deep divisions on the Supreme Court about Religion Clause and federalism principles.

6/27/17  //  Commentary

Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury of a few hours to ponder the mysteries, here are some tentative speculations on the most commonly posed questions.

6/27/17  //  Commentary

Many commentators have misunderstood the significance of a per curiam ruling by the Supreme Court yesterday.

6/27/17  //  Commentary

By making fine distinctions between who Trump can or cannot ban from the US, the Supreme Court has opened the door to greater discrimination against Muslims at the border.

6/27/17  //  Commentary

The Supreme Court’s travel ban order deviates sharply from well-established standards for the granting of a stay. For better or for worse, the spirit of compromise trumped the letter of the law.

6/27/17  //  Commentary

Yesterday's SCOTUS ruling in Hernandez v. Mesa decided one question and punted on two. After explaining what the case decided and what it did not, I'll explain why one of the punts confirms my fear that federal civil rights actions against federal officers are practically a dead letter.

6/26/17  //  Commentary

Zachary Clopton offers a new spin on questions of standing and justiciability at the heart of recent emoluments litigation.