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Ensuring the President “shall take Care that the Laws be faithfully executed”

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All Posts by Leah Litman

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

Michigan Law School

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.

Michigan Law School

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.

Michigan Law School

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.

Michigan Law School

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.

Michigan Law School

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.

Michigan Law School

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.

Harvard Law School

Michigan Law School

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.

Michigan Law School

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.

Michigan Law School

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.

Michigan Law School

A Note Of Caution About Timbs v. Indiana

2/25/19 // Quick Reactions

The concurring opinions in Timbs v. Indiana raise some concerns about how (some of) the Justices would address the Trump administration’s treatment of undocumented minor women.

Michigan Law School

The Substance of the Supreme Court’s procedure

2/13/19 // In-Depth Analysis

Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.

Michigan Law School

Korematsu And The Entry Ban (Again)

2/4/19 // In-Depth Analysis

Recently revealed errors in the report that the administration created pursuant to the second entry ban further underscore the parallels between Korematsu v. United States and the entry ban.

Michigan Law School

Getting To No On Roe: It Continues

1/29/19 // In-Depth Analysis

Another recent decision from a court of appeals (this time the Fifth Circuit) illustrates how states and courts can undermine women’s right to decide to end their pregnancies without formally overruling the relevant Supreme Court decisions.

Michigan Law School

Revisiting The Presumption of Regularity

1/28/19 // Commentary

Subsequent events have made clear that courts were--and are--right to recognize that all is not regular in the executive branch.

Michigan Law School