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How Congress Can Use Its Constitutional Powers to Guarantee Voting Rights for All

11/19/18  //  In-Depth Analysis

The Constitution explicitly gives Congress sweeping powers to protect the right to vote

David Gans

CAC

Protecting Acosta Means Protecting Press Rights, Not Just Procedure

11/16/18  //  Quick Reactions

By Victoria Baranetsky: If we wish to protect democracy, it would be helpful for judges to more clearly articulate protections under the Press Clause

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Shifting the Burden and Striking a Balance

11/16/18  //  Commentary

It's no easy task to design effective voting rights legislation that can withstand Supreme Court review

Lisa Manheim

UW School of Law

Versus Trump: Versus Whitaker (JH solo)

11/15/18  //  Uncategorized

On this week's episode of Versus Trump, Jason has a solo episode where he talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Jason Harrow

Gerstein Harrow LLP

History Shows that Trump’s Excuses Should Not Fly in the CNN/Acosta Lawsuit

11/15/18  //  Commentary

By Jonathan Backer: President Trump is not the first American politician to retaliate against a journalist or media outlet for coverage that he does not consider favorable

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The House Should Pass an Effects-Test Bail-in Provision

11/15/18  //  In-Depth Analysis

Congress should revise Section 3 of the Voting Rights Act to expand the circumstances in which courts can impose preclearance requirements

Travis Crum

Washington University in St. Louis

Federalism and the Senate

11/15/18  //  In-Depth Analysis

Nothing valuable about our federalism depends on letting each state appoint the same number of representatives in the Senate

Richard Primus

University of Michigan Law School

The Validity of Stopping Voter Suppression

11/14/18  //  In-Depth Analysis

Now that Democrats have taken the House, it’s time to start thinking about stopping voter suppression through legislation—via laws instead of lawsuits

Nicholas Stephanopoulos

Harvard Law School

Reforming Elections Through Legislation

11/14/18  //  Latest Developments

We are pleased to announce a mini-symposium in collaboration with the Election Law Blog

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Joshua Matz

Why the Constitution Bars Trump from Retaliating Against Jim Acosta

11/13/18  //  Commentary

By Bruce D. Brown and Joshua A. Geltzer: The United States has a long and proud history of journalists asking the President pointed questions without fear or favor

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Trump’s Threat to Restrict Birthright Citizenship Has (Troubling) Precedent

11/13/18  //  Commentary

By Neil Weare and Sam Erman: It's time to invalidate policies denying birthright citizenship to persons born in U.S. territories

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The Justice Department’s New Tactic

11/12/18  //  Commentary

The government is not entitled to play leapfrog whenever it loses in federal court

Joshua Matz

How Much of a Problem is the Senate?

11/12/18  //  In-Depth Analysis

I'd like to raise a few questions about the current bout of Senate skepticism that rests on first principles

Michael C. Dorf

Cornell Law School

The Trump Administration Targets the Contraception Mandate

11/9/18  //  Uncategorized

The Department of Health and Human Services has issued broad new exemptions for religious and moral objections. What effect will the exemptions have? And will they stand up in court?

Nick Bagley

University of Michigan Law School

Concluding Thoughts

11/5/18  //  In-Depth Analysis

We thank all of the scholars and lawyers who participated in this symposium on our book, How to Save a Constitutional Democracy.

Tom Ginsburg

University of Chicago Law School

Aziz Huq

University of Chicago Law School