Recent | Take Care

The Trump Administration’s Immigration-Related Detentions

The Supreme Court is considering a major constitutional challenge to federal immigration detention policies. Trump’s recent executive orders make that case even more significant.

Leah Litman

Michigan Law School

Why California Stands in the Way of Trump's EPA

3/24/17 // Commentary

President Trump recently announced that EPA will reconsider fuel efficiency standards. But so long as California remains free to set its own, more protective standard, Trump's decision may not matter very much. And the law is squarely on California's side.

Take Care

When Due Process Reliance Defenses May Bar Enforcement

3/24/17 // Commentary

In limited but vital ways, those who relied on Obama-era immigration and marijuana non-enforcement policies should be protected against sudden shifts in federal policy under President Trump.

Zachary Price

U.C. Hastings College of the Law

Why Jeff Sessions’s Reversal on Private Prisons Is Dangerous

3/23/17 // Commentary

The Attorney General’s embrace of private prisons is a victory for the industry, but it threatens the safety of correctional officers and prisoners.

Chiraag Bains

Harvard Law School

Reliance Defenses in the Trump Era and Beyond

3/23/17 // Commentary

The transition to President Trump has massively shifted federal enforcement priorities. Does the Constitution protect people who relied on Obama's immigration, healthcare, or marijuana policies?

Zachary Price

U.C. Hastings College of the Law

Uncertainty Has Consequences: Health Care Reform Edition

3/22/17 // Commentary

Uncertainty created by presidential action can be destructive. That is painfully clear in the healthcare field, where President Trump's vague, confusing, and ever-changing policies are already causing harm.

Trump v. Unions

3/21/17 // Commentary

January 20, 2017 marked the beginning of a new and dangerous age for labor. Here's an overview of the many challenges and threats that the American labor movement is likely to face under Trump.

Charlotte Garden

Seattle University School of Law

An Unconstitutional Threat to Sanctuary Cities

3/21/17 // Commentary

DOJ argues that courts can't hear challenges to Trump's executive order threatening to punish sanctuary cities. Its arguments are wrong and prove that Trump's policy is illegal.

Nikolas Bowie

Harvard Law School

Network Neutrality: What’s Next at the FCC?

3/21/17 // Commentary

Among Obama-era FCC initiatives, none grabbed the public’s attention like the fight over net neutrality. Now that Republicans control the FCC, here's what might happen.

Daniel Deacon

U.C. Irvine School of Law

The World Is Not Made Brand New Every Morning

3/20/17 // Commentary

Judge Kozinski thinks that we cannot account for President Trump's campaign statements in the Muslim Ban cases. That is wrong. Courts can, and should, reckon with this history in assessing whether Trump's ban comports with religious neutrality.

Jonathan Taylor

Gupta Wessler PLLC

Judge Kozinski Asked The Wrong Question & Got The Wrong Answer

3/20/17 // Commentary

Judge Alex Kozinski, among others, has argued that President Trump's campaign statements are irrelevant to assessing the Muslim Ban. But his argument starts with the wrong question, and inevitably reaches the wrong answer.

Amir Ali

Roderick & Solange MacArthur Justice Center

Motive Matters in Assessing the Travel Ban

3/20/17 // Commentary

To the extent that Trump’s statements about the travel ban shed light on why the executive orders were issued—and they surely do—those statements are material to the constitutional analysis.

Richard Primus

University of Michigan Law School