The Supreme Court’s Pretext Predicament in the Age of Trump

6/5/19  //  Commentary

By Joel Dodge: The Supreme Court must make a choice: either accept false justifications peddled by government lawyers, or insist upon getting the truth

Take Care

Clarence Thomas's Misplaced Anti-Eugenics Concurrence in the Indiana Abortion Case

5/30/19  //  Commentary

Justice Thomas argues that because some people once favored a legal right to abortion for a bad reason, it should be banned today. That argument is mistaken.

Michael C. Dorf

Cornell Law School

The Costs of the EPA's Foot-Dragging and Obstinacy

5/20/19  //  Commentary

The EPA, like many other agencies, is using every tool in the toolbox to avoid implementing the law. This trend is leading many courts to not give EPA and other agencies the benefit of the doubt in litigation.

Susannah Weaver

Donahue, Goldberg & Weaver, LLP

Roe v. Wade, Frontiero v. Richadson, and the Equal Rights Amendment

5/20/19  //  Commentary

I clerked for Justice Brennan at the time. Here's how the proposed Equal Rights Amendment affected Roe v Wade and Frontiero v. Richardson.

Geoffrey R. Stone

UChicago Law School

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