Magic-Words Thinking in Trump v. Hawaii -- or, How Not to Assess Governmental Motive

4/25/18  //  Commentary

Giving President Trump the benefit of the doubt is one thing. Fictionalizing an account of his motive so as to avoid reaching a certain conclusion is something else.

Richard Primus

University of Michigan Law School

SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu

4/25/18  //  Commentary

Korematsu holds that in a case like this one the obligation to strictly scrutinize invidiously discriminatory policies remains even when the government asserts a facially plausible national security justification.

Michael C. Dorf

Cornell Law School

It’s the Legacy of the Roberts Court—not the Travel Ban—at Stake

4/24/18  //  Commentary

When future generations judge a particular composition of the Supreme Court, a major failure can become that Court's defining feature, overshadowing substantial contributions to the law.

Amir Ali

Roderick & Solange MacArthur Justice Center

This Week’s Blockbuster SCOTUS Cases Share a Troublesome Common Issue

4/24/18  //  Commentary

Both the travel ban case and the Texas redistricting litigation raise questions about the staying power of discriminatory intent.

Justin Levitt

Loyola Law School

#MeToo Paper Spotlight (Part II)

4/23/18  //  Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

U.C. Irvine School of Law

The Perils of National Security Exceptionalism

4/23/18  //  Commentary

Whatever side the Court takes in the travel ban litigation, it should renounce national security exceptionalism

Ingrid Brunk Wuerth

Vanderbilt Law School

Ganesh Sitaraman

Vanderbilt Law School

Just How Many Billions of Dollars Are at Stake in the Litigation over Cost-Sharing Payments?

4/20/18  //  Commentary

The Court of Federal Claims has certified a class action brought by insurers to recover the cost-sharing payments that President Trump unceremoniously terminated. Its rationale suggests that the United States could be held liable for tens of billions of dollars.

Nick Bagley

University of Michigan Law School

Versus Trump: The View From 10,000 Feet (Joshua Matz Speech)

4/19/18  //  Commentary

On a new episode of Versus Trump, we bring you a podcast version of the speech that Take Care publisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled "The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Listen now!

Jason Harrow

Equal Citizens

Joshua Matz

Publisher

Our Constitution Forbids a Religious Test for Immigration

4/19/18  //  Commentary

The Supreme Court should strike down Trump’s travel ban.

#MeToo Paper Spotlight (Part I)

4/16/18  //  Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

U.C. Irvine School of Law

Remedial Convergence and Collapse

4/11/18  //  Commentary

The Supreme Court's recent summary reversal in Kisela v. Hughes demonstrates some serious issues with the Court's approach to remedies in cases of executive violations of constitutional rights.

Leah Litman

U.C. Irvine School of Law

#MeToo Series: When Will #MeToo Become #WeToo?

4/9/18  //  Commentary

This post, which addresses collective responsibility for #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

U.C. Irvine School of Law

Requiem for Reinhardt, Chief Justice of the Warren Court in Exile

4/6/18  //  Commentary

Reinhardt kept alive a powerful vision of the Constitution

Michael C. Dorf

Cornell Law School

Versus Trump: The Citizenship Question

4/5/18  //  Commentary

On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

#MeToo & Legal-Institutional Reform (Part III-Melanie Kohler)

4/5/18  //  Commentary

This post, which addresses retaliatory lawsuits against accusers, is part of a series on #MeToo, sex discrimination, and possible solutions that are more than quick fixes.

Leah Litman

U.C. Irvine School of Law