The Muslim Ban and Trump's Latest Tweets

6/5/17  //  Quick Reactions

Thanks in part to the President's own recent tweets and public comments, the case for concluding that his revised travel ban is unconstitutional has now become overwhelming.

Corey Brettschneider

Brown University

The President's Statements On The London Attacks

6/5/17  //  Commentary

The President's statements on the London attacks reveal how the President thinks about his entry ban, and also what he might do if there is ever an attack on the United States.

Leah Litman

Michigan Law School

Helen Klein Murillo

Harvard Law School '17

A Response to Will Baude on Mootness in the Entry Ban Case

6/3/17  //  Commentary

I've argued that the Supreme Court shouldn't grant review of the travel ban case because 33 hours after the Respondents file their response to the petition for certiorari on June 12, the entry ban will no longer be operative. Here I respond to two purportedly “plausible” alternative interpretations of the executive order offered by William Baude.

Marty Lederman

Georgetown Law

The Travel Ban And The Supreme Court

6/2/17  //  Quick Reactions

The government's petition for certiorari and stay requests raise some difficult timing issues in the travel ban litigation.

Leah Litman

Michigan Law School

Versus Trump: The Healthcare Episode

6/1/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha and Jason dig into healthcare for the first time, as they take a deep dive into the House v. Price litigation that addresses whether certain payments to insurers under the Affordable Care Act have been properly appropriated. They also debate immigration rhetoric vs. action and discuss drug testing for unemployment benefits. Listen now!

Easha Anand

San Francisco

The Ninth Circuit Can Doom Trump’s Travel Ban

6/1/17  //  Commentary

The Ninth Circuit can give life to one of the challengers' most powerful arguments against Supreme Court review.

Amir Ali

Roderick & Solange MacArthur Justice Center

It Matters How and When SCOTUS Reviews the Muslim Ban

5/30/17  //  In-Depth Analysis

A detailed guide to how and when the Muslim Ban might reach the Supreme Court (and why this question really matters).

Joshua Matz

Publisher

The Fourth Circuit & Animus Under Mandel

5/25/17  //  Quick Reactions

By Corey Brettschneider: As the Fourth Circuit recognized today, even if Kleindanst v. Mandel supplies the rule of decision and requires rationality review, animus is fatal to the Muslim Ban even under that standard.

Take Care

See You In Court 3.0

5/25/17  //  Quick Reactions

A quick recap of the Fourth Circuit's decision in IRAP v. Trump.

Leah Litman

Michigan Law School

The Comey Affair And Evidence Of Motive

5/12/17  //  In-Depth Analysis

The Comey affair underscores that decisionmakers must look beyond the administration’s “official” documents to determine the administration’s motives.

Leah Litman

Michigan Law School

Why Firing Comey Guts DOJ's Main Defense of the Muslim Ban 

5/10/17  //  Commentary

Sometimes, when an emissary of the President asks courts to “trust us,” things the President does elsewhere can fatally undermine judicial confidence in the President’s respect for rule of law values. We’ve seen it before and we’re about to see it again.

Joshua Matz

Publisher

Judge Keenan Identifies The Most Straightforward Reason Why The Entry Ban Is Unlawful

5/9/17  //  Commentary

In the Fourth Circuit argument in IRAP v. Trump, Judge Keenan put her finger on a simple, basic reason why Section 2(c) of Executive Order 13769 is unlawful—and it doesn’t have much to do with the Establishment Clause. Rather, it’s a matter of everyday statutory interpretation, and the fact that President Trump has failed to establish the necessary precondition for the exercise of his statutory authority.

Marty Lederman

Georgetown Law

Animus, Past and Present

5/9/17  //  Commentary

In a new op-ed, Erwin Chemerinsky and I argue that the entry ban is unconstitutional because it was driven by animus toward Muslims.

Leah Litman

Michigan Law School

Versus Trump: Muslim Ban Argument Recap

5/9/17  //  In-Depth Analysis

It's our first emergency podcast! Right after the full Fourth Circuit heard oral arguments in a major case regarding the Muslim Travel Ban, we hopped on the line to do a recap. The podcast includes excerpts from the oral argument audio.

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Animus and the Travel Ban

5/8/17  //  Commentary

One of the founding principles of this nation is that our government welcomes those of all faiths and rejects religious intolerance. President Trump’s order contravenes our nation’s fundamental commitment to religious freedom and to the equal protection of the laws. Federal courts should declare it unconstitutional.

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

Corey Brettschneider

Brown University