Forced Separation Of Families & Forced To-Term Pregnancies

6/7/18  //  Commentary

The administration’s policy of forcibly separating children from their parents highlights some of the shortcomings with the legal justifications for the administration’s position in Azar v. Garza, the case in which the administration is refusing to allow undocumented women in its custody to obtain abortions.

Leah Litman

Michigan Law School

Jennings v. Rodriguez, Immigration Sins Of the Past, And The Forced Separation Of Families

6/6/18  //  Commentary

Jennings v. Rodriguez underscores how prior administrations, with the agreement of the federal courts, argued for expansive authority over immigration and immigration detentions that were ripe for abuse.

Leah Litman

Michigan Law School

Masterpiece Cakeshop And The Entry Ban

6/4/18  //  Quick Reactions

In Masterpiece Cakeshop, Justice Kennedy tells us a lot about why the Court should reject the government's arguments on the First Amendment claim in the entry ban case.

Leah Litman

Michigan Law School

Versus Trump: An Immigration Omnibus

5/31/18  //  Uncategorized

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss recent important cases in the world of immigration, including a new lawsuit contending that the Trump Administration may not pursue its apparent policy of legally separating immigrant children from adults that they enter the country with. Listen now!

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Charlie Gerstein

Civil Rights Corps

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

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

Michigan Law School

Correcting the Record in the Travel Ban Case

5/6/18  //  Latest Developments

Amir Ali has filed a letter at the Supreme Court concerning an erroneous factual representation by the Solicitor General

Joshua Matz


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

Michigan Law School

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

An Updated Guide to Our Analyses of the Travel Ban

4/23/18  //  Latest Developments

Take Care hereby presents in a single, updated post all commentary we have published about the revised travel ban.

Take Care

On the So-Called 'Global Injunction' Question in the Travel Ban Case

4/23/18  //  In-Depth Analysis

Thoughts on what remedy is appropriate if the travel ban is held unconstitutional

Marty Lederman

Georgetown Law

Our Constitution Forbids a Religious Test for Immigration

4/19/18  //  Commentary

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