United States v. Davis: And Now Comes The Good Part

6/24/19  //  Quick Reactions

The reach of the Supreme Court’s opinion in United States v. Davis will be dictated by a host of procedural rules.

Leah Litman

U.C. Irvine School of Law

Legitimacy and the Supreme Court

6/19/19  //  Commentary

It is illegitimate to consider legitimacy. So say many conservatives who seem terrified that Chief Justice John G. Roberts Jr. might care about public perception of the U.S. Supreme Court. But they are wrong.

Stephen Vladeck

University of Texas

Leah Litman

U.C. Irvine School of Law

Joshua Matz

Publisher

UCI Commencement Speech

6/10/19  //  Quick Reactions

My remarks at the UCI Law commencement.

Leah Litman

U.C. Irvine School of Law

The Letter On The Census And The Supreme Court

6/5/19  //  Quick Reactions

Recent revelations in the census case at the Supreme Court are also relevant to another case at the Court--partisan gerrymandering.

Leah Litman

U.C. Irvine School of Law

Immigration Policy Parallels

5/20/19  //  In-Depth Analysis

Now that the Trump administration has identified an additional 1700 children separated from their families, it’s time to revisit the administration’s legal arguments for why it was not actually separating families; with new, questionably legal actions that arise practically every day, we cannot let the way the administration has handled the fallout of its immigration policies slip by the wayside.

Leah Litman

U.C. Irvine School of Law

Hilary Robin Rosenthal

Columbia Law School

When You Have Five, They Let You Do Whatever You Want

5/14/19  //  In-Depth Analysis

While several of the essays in the edited collection of Reproductive Rights And Justice Stories talk about social movements that have influenced the law, some recent events suggest we should have those discussions without losing our focus on courts themselves

Leah Litman

U.C. Irvine School of Law

The Constitutional Rule Against Bans On Previability Abortions Applies to Mississippi

4/22/19  //  Commentary

We recently filed an amicus brief asking the Fifth Circuit to apply the well settled rule that states may not prohibit women from accessing abortions prior to viability.

Leah Litman

U.C. Irvine School of Law

Take Care

Relitigating Dunn v. Ray

4/17/19  //  In-Depth Analysis

The Supreme Court has insisted on relitigating and reaffirming its decision in Dunn v. Ray. So let's do that.

Leah Litman

U.C. Irvine School of Law

Something Is Rotten In States’ Execution Protocols And Capital Litigation at SCOTUS

4/15/19  //  In-Depth Analysis

Some recent cases suggest that, if anything, the Supreme Court should be harder on states in capital litigation proceedings. Instead, the Court has done the opposite.

Leah Litman

U.C. Irvine School of Law

The Mandatory Guidelines Predicament in the Sixth Circuit

4/11/19  //  Commentary

A recently filed amicus brief asks the Sixth Circuit to reconsider en banc whether prisoners challenged under the mandatory Guidelines can ever air the claim that their sentences are unconstitutional in light of Johnson v. United States.

Leah Litman

U.C. Irvine School of Law

Repackaging Discrimination

4/1/19  //  In-Depth Analysis

The Trump administration (with some success) is making an argument to justify discrimination against transgender persons that would roll back some of the protections against other forms of discrimination as well.

Leah Litman

U.C. Irvine School of Law

Hetali Lodaya

Michigan Law School

The Two Sides of Donald Trump in The @RealDonaldTrump Litigation

3/25/19  //  Commentary

The government’s brief is at war with itself with respect to the state action and government speech doctrines in the @realdonaldtrump litigation.

Kyle Skinner

Harvard Law School

Leah Litman

U.C. Irvine School of Law

Two Cheers for the Non-Unitary Executive?

3/18/19  //  Quick Reactions

Current events provide an occasion for the Court to rethink its agreement with the unitary executive theory. In fact, it’s already done so.

Leah Litman

U.C. Irvine School of Law

Gender Hypocrisy Watch

3/11/19  //  Commentary

The administration’s recent claims about gender violence and the humanitarian crisis at the border underscore the administration’s hypocrisy on issues related to gender.

Leah Litman

U.C. Irvine School of Law

SCOTUS And The Wall

3/4/19  //  Commentary

One of the Supreme Court’s pending cases is potentially relevant to one of the challenges to the President’s emergency declaration.

Leah Litman

U.C. Irvine School of Law