9/12/19  //  Commentary

On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!

9/4/19  //  Commentary

In Slate, Rick Hasen claims that litigation over the independence of presidential electors could "backfire spectacularly." I respectfully disagree.

9/4/19  //  Commentary

Various jurisdictions that have banned large-capacity magazines define large-capacity differently. So how many bullets are enough under the Second Amendment?

8/29/19  //  Commentary

This week on Versus Trump, Jason and Charlie are back from a hiatus, and they discuss why the Trump Administration has been going to straight to the Supreme Court with emergency requests so frequently. Listen now!

8/26/19  //  Commentary

The Trump administration’s revamped expedited removal system unsettles the rulings that upheld the expedited removal system against constitutional challenges.

8/19/19  //  Commentary

Today, the Department of Housing and Urban Development (HUD) published a proposed rule that would substantially limit enforcement of the 1968 Fair Housing Act. This rule is deeply flawed.

8/19/19  //  Commentary

Intervening legal developments counsel against granting the Solicitor General’s recent petition for certiorari on the expedited removal system.

7/26/19  //  Commentary

The Constitution’s text and structure — supported by judicial precedent and prior practice — show that impeachment is a process, not a single vote

7/23/19  //  Commentary

Let's not have unrealistic expectations of Mueller dropping bombshells. But if Congress is going to hold hearings, it should ask these questions.

7/22/19  //  Commentary

Mueller didn't indict Trump because DOJ policy prohibited him from doing so. That same policy points to the need for impeachment.

7/18/19  //  Commentary

This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!

7/15/19  //  Commentary

Know-Nothing judges may drape themselves in the robes of judicial modesty, but they are activists to the core. And they may decide the fate of health reform.

7/15/19  //  Commentary

As President Trump puts additional judges on the federal courts for life and continues his own extreme policies, Bork’s America is coming to life more and more as Trump’s America.

7/12/19  //  Commentary

The decision is a victory for free speech, an important signal to government officials in the social media era, and a refreshing holding that the President is not above constitutional constraint

7/11/19  //  Commentary

This conclusion follows directly from the statutory text and a brief glance at some dictionaries. Judges who have concluded otherwise based their analysis on faulty premises.