How Donald Trump Will Fire Jeff Sessions

7/26/17  //  Commentary

Donald Trump’s Firing Of Jim Comey Provides A Template For How He Will Fire Jeff Sessions

Leah Litman

U.C. Irvine School of Law

Information Wars: The Final Frontier

7/25/17  //  Commentary

Elements of the Republican Party have proposed eliminating the Budget Analysis Division of the Congressional Budget Office.

Leah Litman

U.C. Irvine School of Law

Quick Thoughts On Jared Kushner's Blame Game

7/24/17  //  Quick Reactions

Jared Kushner's statement blames everyone but himself for his failures to disclose contacts with foreign officials.

Leah Litman

U.C. Irvine School of Law

The Government And Grandparents (What's The Big Deal?)

7/15/17  //  Quick Reactions

DOJ rushed to the Supreme Court to ensure that the government wouldn't have to admit grandparents. Its arguments are silly.

Leah Litman

U.C. Irvine School of Law

A Reality Check On Proceedings Related To The Entry Ban Injunctions

7/13/17  //  In-Depth Analysis

Some commentators are seizing on court orders in the proceedings related to the scope of the injunction against the entry ban as an indication that courts are rethinking their decisions against the entry ban. That's wrong (with a cautionary note about the federal courts).

Leah Litman

U.C. Irvine School of Law

What It Means To Be Presidential: Litigating Positions

7/11/17  //  Commentary

Jane Chong questioned whether the administration's “self-interested [legal] stance" in the cases about the emoluments clauses "is ... fundamentally at odds with the trust that the office [of the President] confers.” It's worth asking the same about the administration's litigating position on the scope of the injunction against the entry ban.

Leah Litman

U.C. Irvine School of Law

The Administration's Travel Ban Guidance

6/29/17  //  Commentary

The administration has again attempted to push the boundaries to see what it can get away with on the travel ban guidance.

Leah Litman

U.C. Irvine School of Law

On The Travel Ban The Supreme Court Says: Stay Tuned

6/26/17  //  Quick Reactions

Some quick thoughts on the Supreme Court's actions on the travel ban.

Leah Litman

U.C. Irvine School of Law

The Clarifying Memorandum Is Not A Reason For A Stay

6/21/17  //  Quick Reactions

An analysis of DOJ's latest filing at SCOTUS in the travel ban cases.

Leah Litman

U.C. Irvine School of Law

The President’s Clarifying Memorandum And The Amicus Brief About Animus

6/20/17  //  Commentary

The President’s clarifying memorandum undercuts the legitimate rationale the executive order and DOJ had offered for the entry ban. An amicus brief filed in the Supreme Court explains why that matters.

Leah Litman

U.C. Irvine School of Law

How the President’s Clarifying Memorandum Destroys the Case for the Entry Ban

6/15/17  //  In-Depth Analysis

The President's "clarifying" memorandum undermines the facial legitimacy of the entry ban, and the government's stated purposes for the entry ban.

Take Care

Leah Litman

U.C. Irvine School of Law

[UPDATED] The Government’s Vanishing National Security Rationale

6/14/17  //  Commentary

The government’s litigation strategy in the travel ban litigation undermines the purported national security rationale for the entry ban.

Leah Litman

U.C. Irvine School of Law

The Audacity of The President’s "Hope"

6/13/17  //  In-Depth Analysis

Senator Risch asked Jim Comey whether a person has been charged for obstruction of justice or any other criminal offense, where they said or thought they hoped for an outcome. We hope he finds our research instructive.

Daniel Epps

Washington University Law School

Leah Litman

U.C. Irvine School of Law

See You In Court: Ninth Circuit Round 2

6/12/17  //  Quick Reactions

A quick recap of the Ninth Circuit's decision in Hawaii v. Trump with thoughts about what it portends for the Supreme Court.

Leah Litman

U.C. Irvine School of Law

States And The Emoluments Clause

6/12/17  //  Commentary

In a new lawsuit, Maryland and D.C. allege that the President's violations of the Emoluments Clauses harm their sovereign, quasi-sovereign, and proprietary interests. Those interests get special solicitude in federal court.

Leah Litman

U.C. Irvine School of Law