State Action Doctrine Under An Autocrat

9/26/17  //  Commentary

President Trump’s autocratic, anti-speech tendencies are blurring one of the key boundaries in existing First Amendment law, which draws a line between government suppression of speech and private suppression of speech.

Leah Litman

Michigan Law School

Looking Back On The Entry Ban Justifications

9/25/17  //  Commentary

The government and the courts have proven that one of the administration’s justifications for the now expired entry ban was a joke.

Leah Litman

Michigan Law School

The Stakes for Civil Rights in the Funding Fight Over Sanctuary Cities

9/21/17  //  In-Depth Analysis

There's reason to be wary of the argument that Congress has to “unambiguously” state funding conditions in the text of statutes.

Leah Litman

Michigan Law School

Defending The Dream

9/19/17  //  Commentary

Some new legal challenges were filed to the Trump administration's planned winding down of DACA.

Leah Litman

Michigan Law School

Trump DOJ's Flipped Positions

9/8/17  //  Commentary

Republicans may not be advancing their agenda through legislation, but they're getting it done in other ways.

Leah Litman

Michigan Law School

Killing The Dream

9/5/17  //  In-Depth Analysis

Donald Trump's apparent reasons for (apparently) rescinding DACA make little sense.

Leah Litman

Michigan Law School

The Problem(s) With The Arpaio Pardon

8/29/17  //  Commentary

Like so much of what Trump has done, the Arpaio pardon raises multiple challenges to our constitutional system.

Leah Litman

Michigan Law School

Life Comes At You Fast: The Norm Against Overt Racism Edition

8/25/17  //  Commentary

In the last two weeks, Trump bulldozed through the norm against overt racism

Helen Klein Murillo

Harvard Law School '17

Leah Litman

Michigan Law School

The Unsettling Of Affirmative Action

8/24/17  //  In-Depth Analysis

DOJ’s investigation into Harvard’s affirmative action program is bigger than it looks (and it already looked big).

Helen Klein Murillo

Harvard Law School '17

Leah Litman

Michigan Law School

Charlottesville And The Minimization Of Racial Discrimination

8/23/17  //  Commentary

What happened in Charlottesville (along with the President's response to Charlottesville) should put to rest the idea that racism is a thing of the past.

Leah Litman

Michigan Law School

Helen Klein Murillo

Harvard Law School '17

The Plaintiffs in CREW v. Trump Deserve To Have Their Claims Heard

8/14/17  //  In-Depth Analysis

Our amicus brief explains why the Justice Department’s jurisdictional arguments miss the mark

Daniel Hemel

University of Chicago Law School

Leah Litman

Michigan Law School

Punching Down From The Pulpit, And Other Unpresidential Positions

8/8/17  //  Commentary

The President’s litigation positions underscore how he views his office as a license to beat up on persons with less power.

Leah Litman

Michigan Law School

Second Thoughts About The Supreme Court’s Scheduling The Entry Ban Case

8/2/17  //  Commentary

The Court’s October Calendar Further Underscores That It Never Actually Intends To Resolve The Legality Of The Entry Ban

Leah Litman

Michigan Law School

Some Notes On The Latest “Ban”

7/31/17  //  Commentary

There are some notable similarities between the President's announcement that transgender individuals would be banned from military service, and the ban(s) on entry from several Muslim majority countries.

Leah Litman

Michigan Law School

Attorney General Jeff Sessions & The Uncertain Legal Status Of The U.S. Sentencing Guidelines

7/27/17  //  Commentary

Attorney General Jeff Sessions’ charging memo undermines one of the premises of the Supreme Court’s recent cases

Leah Litman

Michigan Law School