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

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