Versus Trump: Kavanaugh's Coming, Plus Updates

7/12/18  //  Uncategorized

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Religious Animus or Reality?

7/2/18  //  Commentary

In a recent case, the Court suggested that calling out an attempt to use religion to justify harming others was evidence of animus. That’s wrong.

Leah Litman

Michigan Law School

Abigail DeHart

Michigan Law School

The Travel Ban and Inter-Branch Conflict

6/26/18  //  Commentary

The real problem is the Trump Administration itself. What feels like damage today is largely the echo of damage that already happened, rather than something new.

Richard Primus

University of Michigan Law School

The Future Of Constitutional Discrimination Law After Hawai’i v. Trump

6/26/18  //  Commentary

The future of discrimination law is secure, in short—and securely shut to minority races, ethnicities, and creeds suffering at the hands of a populist majority.

Aziz Huq

University of Chicago Law School

We’ve Been (Unconstitutionally) Separating Children From Their Immigrant Parents For A While Now

6/20/18  //  In-Depth Analysis

By Carolyn Shapiro & Joanna Martin: Separating parents from their children without regard for the children’s rights and interests is unconstitutional

Take Care

That Bible Parable About The Plague of Tort Attorneys Who Sued The Border Patrol, ICE Officers, and DHS Bureaucrats

6/19/18  //  Commentary

Calling all the ambulance chasers to address this administration's mistreatment of migrants.

Kari Hong

Boston College Law School

Jeff Sessions's Latest Asylum Atrocity

6/18/18  //  Commentary

Coretta Scott King was right. Jeff Sessions is a horrible man to be Attorney General.

Leah Litman

Michigan Law School

Abigail DeHart

Michigan Law School

Versus Trump Live: Fairweather Federalism?

6/14/18  //  Commentary

On this week's special live episode of Versus Trump, Easha, Charlie, and Jason share the stage at the ACS National Convention in Washington, DC with Maryland Attorney General Brian Frosh and Stanford Law's Pamela Karlan. They discussed several important cases brought by states against the Trump Administration as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

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

Law and Farce: The Forced Separation of Families

6/5/18  //  In-Depth Analysis

DOJ’s view is, apparently, that the law requires DHS to separate children from parents when families cross the border together. This post highlights some of the reasons why that's wrong.

Leah Litman

Michigan 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

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

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: Trump Versus California

4/26/18  //  Commentary

On a new episode of Versus Trump, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuit seeks to prevent the state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

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