Recent | Take Care

Shifting the Burden and Striking a Balance

It's no easy task to design effective voting rights legislation that can withstand Supreme Court review

UW School of Law

History Shows that Trump’s Excuses Should Not Fly in the CNN/Acosta Lawsuit

By Jonathan Backer: President Trump is not the first American politician to retaliate against a journalist or media outlet for coverage that he does not consider favorable

Take Care

Why the Constitution Bars Trump from Retaliating Against Jim Acosta

11/13/18 // Commentary

By Bruce D. Brown and Joshua A. Geltzer: The United States has a long and proud history of journalists asking the President pointed questions without fear or favor

Take Care

Trump’s Threat to Restrict Birthright Citizenship Has (Troubling) Precedent

11/13/18 // Commentary

By Neil Weare and Sam Erman: It's time to invalidate policies denying birthright citizenship to persons born in U.S. territories

Take Care

The Justice Department’s New Tactic

11/12/18 // Commentary

The government is not entitled to play leapfrog whenever it loses in federal court

Joshua Matz

Forced Classification, Biological Determinism, and Sad Chapters from Our Nation’s History

10/31/18 // Commentary

In rigidly classifying people based on theories of biological determinism, we ignore history at our own peril

Praveen Fernandes

CAC

Symmetric Constitutionalism for a Polarized Era

10/30/18 // Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Can Courts Tell Trump To Stop Violating The First Amendment?

10/25/18 // Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit by a group of journalists (filed by the legal group Protect Democracy) that hopes to stop President Trump from threatening adverse government action against those who criticize him. Plus, a Wilbur Ross update and a constitutional trivia question. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Controlling Our Losses

10/24/18 // Commentary

While bleak, planning to lose is not about conceding defeat. It’s about laying the groundwork for a brighter future and avoiding precedential barriers to that future.

Danielle D'Onfro

Washington University Law School

Raising Red Flags about Shelby County

10/15/18 // Commentary

Although Shelby County had a dramatic and immediate real-world impact, its future doctrinal importance is likely minimal.

Travis Crum

University of Chicago

Versus Trump: Trump Versus Net Neutrality

10/4/18 // Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about the Trump Administration's lawsuit against California that would block California's new net neutrality law from going into effect. Listen now!

Jason Harrow

Charlie Gerstein

Civil Rights Corps

The Blumenthal & Nadler Decision: A Watershed in the Effort to Combat Presidential Corruption

10/3/18 // Commentary

On Friday, Judge Emmet G. Sullivan ruled that the plaintiffs in Blumenthal, Nadler, et al. v. Trump have standing to sue the President for violating the Constitution’s Foreign Emoluments Clause.

Brian Frazelle

CAC

One Among Equals

10/1/18 // Commentary

There are three fundamental limits on the President's pardon power

Protect Democracy

Versus Trump: The Unique Manafort Plea

9/27/18 // Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about pardons, Double Jeopardy, forfeiture, and the Manafort guilty plea. They also weigh in on the Kavanaugh developments and what would happen if Rosenstein were fired. Listen now!

Jason Harrow

Charlie Gerstein

Civil Rights Corps

Election Equipment Vendors Play a Key, and Underexamined, Role in U.S. Democracy

9/17/18 // Commentary

A major effort to bar independent research into the efficacy and security of American voting equipment is underway right now.

Protect Democracy