What About the Free Speech Clause Issue in Masterpiece?

6/13/18  //  Commentary

Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.

Robert Post

Yale Law School

Smith Lives: The Politics of Free Exercise

6/12/18  //  Commentary

Will SCOTUS minimize its view of religious animus as applied to Muslims, despite having just magnified it as applied to conservative Christians?

Richard C. Schragger

UVA School of Law

The ACA and Marbury’s Severability Principle

6/12/18  //  Commentary

Jamie Durling & Garrett West explain that DOJ's brief declining to defend the Affordable Care Act makes yet another profound error.

Take Care

What Masterpiece Cakeshop Tells Us About the Travel Ban

6/8/18  //  Commentary

In a recent article, I expand on my argument that the Court's reasoning in Masterpiece Cakeshop suggests the Travel Ban violates the First Amendment.

Leah Litman

U.C. Irvine School of Law

The Establishing Shots of a Heist: The Trump DOJ Meets the Affordable Care Act

6/7/18  //  Commentary

DOJ's argument that the Affordable Care Act reforms are not severable from the now unconstitutional mandate is not worth the Courier font it is typed in.

Ian Samuel

Harvard Law School

Leah Litman

U.C. Irvine School of Law

Texas Fold 'Em

6/7/18  //  Commentary

The Trump administration has asked a district court to wipe much of the ACA from the books, starting in 2019. The brief represents an enormous blow to the integrity of the Justice Department -- and a threat to the rule of law.

Nick Bagley

University of Michigan Law School

Versus Trump: ACS Live Show Preview + Twitter Case Update

6/7/18  //  Commentary

On this week's episode of Versus Trump, Easha and Jason preview their live show at the ACS National Convention and then discuss the recent decision concluding that President Trump violated the First Amendment when he blocked seven Twitter users from responding to his tweets. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Forced Separation Of Families & Forced To-Term Pregnancies

6/7/18  //  Commentary

The administration’s policy of forcibly separating children from their parents highlights some of the shortcomings with the legal justifications for the administration’s position in Azar v. Garza, the case in which the administration is refusing to allow undocumented women in its custody to obtain abortions.

Leah Litman

U.C. Irvine School of Law

Jennings v. Rodriguez, Immigration Sins Of the Past, And The Forced Separation Of Families

6/6/18  //  Commentary

Jennings v. Rodriguez underscores how prior administrations, with the agreement of the federal courts, argued for expansive authority over immigration and immigration detentions that were ripe for abuse.

Leah Litman

U.C. Irvine School of Law

A Puzzle about Standing (and the Affordable Care Act)

6/6/18  //  Commentary

A group of states has filed a new constitutional challenge in an effort to bring down health reform. But do they have standing to sue?

Nick Bagley

University of Michigan Law School

To Save Democracy

6/5/18  //  Commentary

Introducing a symposium on our new book, 'To End A Presidency: The Power of Impeachment.'

Laurence H. Tribe

Harvard Law School

Joshua Matz

Publisher

Ducking Day at the SCOTUS

6/5/18  //  Commentary

There are times when strategic ducking makes sense practically if not strictly legally

Michael C. Dorf

Cornell Law School

Immigration Sins Of The Past & The Forced Separation Of Families

6/4/18  //  Commentary

The Trump administration's apparent policy of separating children from their parents when families cross the border together highlight some of the abuses and excesses of our immigration system.

Leah Litman

U.C. Irvine School of Law

Making A Murderer Makes Its Way To The Supreme Court

5/29/18  //  Commentary

A currently pending cert petition provides the Court a welcome opportunity to clarify how the voluntariness standard applies to juvenile confessions and juvenile interrogations.

Leah Litman

U.C. Irvine School of Law

Versus Trump: The Fiduciary Rule Comes And Goes

5/24/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss the Fifth Circuit's recent decision striking down the so-called "Fiduciary Rule" that would have required those who sell retirement investment products in 401(k) plans to act in the best interests of their clients. Listen now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps