7/5/18  //  In-Depth Analysis

There are a few recyclable sentences lurking in lower-profile cases that may offer the best guidance to where the Court is heading next

6/20/18  //  In-Depth Analysis

Impeachment should be understood as a type of criminal prosecution—one that carries with it the Constitution’s protections for criminal defendants

2/1/18  //  Commentary

What if the president has no power to replace Rod Rosenstein after firing him—at least not without help from the Senate?

7/24/17  //  Commentary

A landmark opinion turns Massachusetts into a sanctuary state, setting up a legal and political battle with DOJ.

5/23/17  //  Quick Reactions

Yesterday, AG Sessions issued his official interpretation of the executive order President Trump issued in January regarding sanctuary cities. The interpretation is notable for its narrowness. But ultimately, the memorandum is more of a retreat than a surrender.

5/22/17  //  Commentary

It would be a grave mistake to call for President Trump's impeachment if he hasn't committed a crime. In an era of tit-for-tat partisanship, lowering the impeachment standard to “anything Congress thinks is wrong” is a recipe for dysfunctional government, one in which the House of one party could perpetually threaten to impeach the White House of another.

5/12/17  //  Commentary

President Donald Trump is known for changing his political views after a ten-minute history lesson. In this continuing feature, I encourage the president to take a few minutes to learn about the historical background of things he says. This first edition, on his signing statement regarding HBCUs, concerns one of his favorite historical topics: A nineteenth-century general who saw the Civil War coming, was angry, and did something about it.

5/10/17  //  Commentary

It’s already too late in the day to trust the executive branch to police itself. That lack of trust should extend to a special prosecutor, independent counsel, or whatever other nice terms you want to call it. At this point, only Congress can credibly investigate the President.

5/3/17  //  Quick Reactions

In an executive order last week, President Trump purported to rewrite the text of two of President Obama’s decisions that withdrew millions of acres of the Arctic and Atlantic Oceans from future oil and gas speculation. Today, a group of environmental organizations has argued in court that Trump can’t just pretend the past never happened.

4/27/17  //  Commentary

The statute, 8 U.S.C. § 1373(a), says nothing about Trump’s biggest complaint.

4/26/17  //  Quick Reactions

If Trump keeps tweeting his lawyers will have their work cut out for them

4/24/17  //  Commentary

DOJ argues that Trump's orders threatening sanctuary cities can't be challenged because they remain speculative. But a recent volley of menacing letters from DOJ to sanctuary cities and counties, and to the State of California, has blasted a hole in DOJ's own defense.

4/11/17  //  Quick Reactions

The video of the United flight reveals more than just what happened. It also shows why DOJ oversight is so important.

3/29/17  //  Commentary

The First Amendment makes America great for everyone, not just for citizens.

3/27/17  //  Quick Reactions

Trump's son-in-law will lead a new office to "overhaul the federal bureaucracy." But Kushner can't wield real power without crashing into federal anti-nepotism rules. So our new government efficiency czar can't make big decisions himself. Oh, the irony ...