Ensuring the President “shall take Care that the Laws be faithfully executed”
James Comey’s firing threatens more than just the rule-of-law norm against self-investigation. It also threatens the rule-of-law norm against politically motivated policing and prosecutions.
Michigan Law School
The Comey affair underscores that decisionmakers must look beyond the administration’s “official” documents to determine the administration’s motives.
The Presumption of Regularity, Like All Presumptions, Is Rebuttable, Not Conclusive Evidence
In a new op-ed, Erwin Chemerinsky and I argue that the entry ban is unconstitutional because it was driven by animus toward Muslims.
The Trump administration has repeatedly (and incorrectly) argued that a policy does not constitute discrimination unless the policy discriminates against all members of a particular group.
Basic principles of constitutional structure mean Trump is, and should be held, personally responsible for ICE’s egregious treatment of the DREAM-ers.
ICE Continues To Undermine DACA Despite Trump’s Protestations To the Contrary
With the AHCA back on the table, it's time to remember that the GOP really doesn’t like the constitutional arguments it made against the ACA
The various ways that standing skeptics have distinguished cases supporting standing in CREW are unpersuasive.
Critics of the standing arguments in CREW v. Trump are defining the new plaintiffs’ injury in the wrong way.
Everyone should give a tip of the hat to the new plaintiffs in the CREW v. Trump lawsuit.
A letter about how to fix DOJ’s Civil Rights Division has some interesting parallels to a recent voting rights dissent.
In its war on information, the Trump administration is not just trying to hide the facts. It’s also trying to misrepresent them.
Helen Klein Murillo
Harvard Law School '17
The Trump administration’s efforts to disguise the facts by not deigning to look for them—and discouraging others from doing so—resemble the United States’ policy on research related to gun violence and gun possession.
The Trump administration is engaging in climate denial by concealing information relevant to environmental policy.