Recent | Take Care

Versus Trump: Straight to the Supremes (We're Back!)

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!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Expedited Removals, Jeopardized Due Process

8/26/19 // Commentary

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

Kyle Skinner

Harvard Law School

Leah Litman

Michigan Law School

The Trump Administration’s Assault on Fair Housing

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.

Olatunde Johnson

Columbia Law School

Michelle Aronowitz

Private Practice

The Solicitor General’s Expedited Removal Petition

8/19/19 // Commentary

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

Leah Litman

Michigan Law School

Kyle Skinner

Harvard Law School

The Long-Term Costs of Trump’s Racism

8/6/19 // Commentary

Trump’s racism will have lasting consequences on our legal and political culture.

Kyle Skinner

Harvard Law School

Leah Litman

Michigan Law School

The House Has Already Opened an Impeachment Investigation Against Trump

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

Joshua Matz

Ask Mueller about Indicting a President: The Legal Error at the Heart of his Cryptic Report

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.

Jed Shugerman

Fordham Law School

A Memorandum of Misunderstanding

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.

Tom Coleman

Versus Trump: The Past And Future Of Gerrymandering

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!

Jason Harrow

Easha Anand

San Francisco

The Rise of the Know-Nothing Judge

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.

Nick Bagley

University of Michigan Law School

Robert Bork’s America is Becoming Donald Trump’s America

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.

Elliot Mincberg

People For the American Way

The President Cannot Constitutionally Block His Critics on Twitter

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

Amanda Shanor

The Wharton School

Title VII Bans Discrimination Based on Sexual Orientation

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.

Joshua Matz

Objections to Protecting Transgender People Under Title VII Are Meritless

7/10/19 // Commentary

In this post, I address three of the most frequent objections to holding that Title VII prohibits discrimination based on transgender status

Joshua Matz

Two Reasons Why Title VII Bans Discrimination Based on Transgender Status

7/9/19 // Commentary

Discriminating against an employee because they are transgender violates Title VII in two distinct respects

Joshua Matz