Shielding Mueller: Thoughts on Morrison v Olson

5/23/18  //  Commentary

Identifying a major flaw in arguments that Congress can't shield Mueller

Richard Primus

University of Michigan Law School

Legal Innocence and Federal Habeas

5/22/18  //  Commentary

A recent article shows why federal courts can and should revisit the convictions and sentences of many federal prisoners affected by Sessions v. Dimaya.

Leah Litman

U.C. Irvine School of Law

One More Reason President Trump Shouldn’t Fire Special Counsel Mueller

5/21/18  //  Commentary

If President Trump thinks that firing Mueller would automatically bring his year-long investigation to an end, he ought to think again.

Brianne J. Gorod

Constitutional Accountability Center

The Other Guidelines Predicament

5/18/18  //  Commentary

Courts are beginning to address how the Sentencing Guidelines might be affected by Sessions v. Dimaya.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Preventing The Prevention Of The Teen Pregnancy Prevention Program

5/17/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

How the Russian Conspiracy Injured Real, Innocent People

5/16/18  //  Commentary

On Thursday, the one year anniversary of Special Counsel Robert Mueller’s appointment, attorneys for Donald Trump will stand up in a court of law to answer questions for the first time related to Russia. But it won’t be in the Mueller investigation.

Erwin Chemerinsky

U.C. Irvine School of Law

Versus Trump: So, What's New?

5/10/18  //  Commentary

On this week's episode of Versus Trump, Easha and Jason reveal their big announcement: we're doing our first ever live show: Saturday, June 9, in DC, as part of the ACS National Convention. After that excitement, they get into a handful of updates about cases about auto emissions, HUD programs, the ban on military service by transgender individuals, and more. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Presidential Statements and the Entry Ban

5/10/18  //  Commentary

A different take on how presidential statements or the possibility of them might affect Trump v. Hawaii (the entry ban case).

Leah Litman

U.C. Irvine School of Law

Disparate Impact and the Administrative Procedure Act

5/10/18  //  Commentary

The Supreme Court has held that there's no private right of action to enforce Title VI. But the civil rights laws can still form the basis of a challenge to a waiver allowing states to impose work requirements.

Nick Bagley

University of Michigan Law School

Eli Savit

University of Michigan Law School

The Solicitor General's Post-Factual World

5/8/18  //  Commentary

The SG's letter of correction to the Supreme Court says more about the kind of misstatements he will tolerate rather than the kind he won't.

Leah Litman

U.C. Irvine School of Law

Versus Trump: The Great Marijuana Debate

5/3/18  //  Commentary

On a new episode of Versus Trump, Easha, Charlie, and Jason continue their investigation of the relationship between federal and state law by debating the Trump Administration's reversal of Obama-era guidance about marijuana enforcement. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Bring back the Medicare experiments!

5/3/18  //  Commentary

Last year, the Department of Health and Human Services under Tom Price dismantled some demonstration projects that would have told us a lot about how to hold down Medicare spending. Alex Azar, the new Secretary of HHS, should bring them back.

Nick Bagley

University of Michigan Law School

An Emoluments Case Arrives in the Second Circuit

5/2/18  //  Commentary

Supported by powerful amicus briefs, the plaintiffs in CREW v. Trump have urged the Second Circuit to hold that their claims must be decided on the merits

Joshua Matz

Publisher

September and/or January 25th (or how the Solicitor General learned to stop worrying and love the President’s disavowal of anti-Muslim animus)

4/30/18  //  Commentary

The Solicitor General is apparently still trying to figure out why the entry ban is constitutional.

Leah Litman

U.C. Irvine School of Law

Versus Trump: Trump Versus California

4/26/18  //  Commentary

On a new episode of Versus Trump, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuit seeks to prevent the state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps