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Justice Gorsuch, Kippahs, and False Analogies in Masterpiece Cakeshop

6/19/18  //  In-Depth Analysis

The Court’s newest member embraces a troubling “both sides” argument

Jim Oleske

Lewis & Clark Law School

That Bible Parable About The Plague of Tort Attorneys Who Sued The Border Patrol, ICE Officers, and DHS Bureaucrats

6/19/18  //  Commentary

Calling all the ambulance chasers to address this administration's mistreatment of migrants.

Kari Hong

Boston College Law School

Impeachment: Partisan Warfare or Defending the Constitutional Order?

6/19/18  //  In-Depth Analysis

We must be able to recognize harm to the constitutional order on a bipartisan basis for impeachment to serve its proper constitutional function. But how often is that the case?

Gillian Metzger

Columbia Law School

Beckles v. US As Anti-Canon

6/18/18  //  Quick Reactions

Today's federal sentencing opinions create even more tension between the Court's sentencing jurisprudence and Beckles v. United States.

Leah Litman

Michigan Law School

Preliminary Thoughts on the Summary Judgment Motions in the Harvard Affirmative Action Lawsuit

6/18/18  //  In-Depth Analysis

The plaintiff is attempting to link two practices that need not be coupled. One is discrimination against Asian Americans. The other is affirmative action.

Nancy Leong

Sturm College of Law

Jeff Sessions's Latest Asylum Atrocity

6/18/18  //  Commentary

Coretta Scott King was right. Jeff Sessions is a horrible man to be Attorney General.

Leah Litman

Michigan Law School

Abigail DeHart

Michigan Law School

America’s Monarch? Trump and the Pardon Power

6/18/18  //  Commentary

For all who are devoted to country and Constitution, the idea of a self-pardon should be an anathema.

Gillian Metzger

Columbia Law School

Vicki C. Jackson

Harvard Law School

Impeachment as a Constitutional Design Choice

6/18/18  //  In-Depth Analysis

What can we learn about presidential removal from a careful study of foreign constitutions and experiences?

Aziz Huq

University of Chicago Law School

Tom Ginsburg

University of Chicago Law School

Self-Pardons, Constitutional History, and Article II

6/16/18  //  Commentary

Michael McConnell and Richard Epstein have argued that the Constitution allows self-pardons. They are mistaken.

Jed Shugerman

Fordham Law School

The case that could end the Texas lawsuit.

6/15/18  //  Commentary

A brief from the American Medical Association flags a Fifth Circuit case that seems to dispose of the constitutional argument in the latest challenge to the Affordable Care Act.

Nick Bagley

University of Michigan Law School

Masterpiece Cakeshop and Protecting Both Sides

6/15/18  //  In-Depth Analysis

By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides

Take Care

Court Affirms Government’s Interest in Protecting Voting Process

6/14/18  //  Commentary

By Adav Noti: In Minnesota Voters Alliance v Mansky, the Supreme Court avoided the pitfall of expanding its conceptually unsound campaign finance jurisprudence into a new area

Take Care

Strange Bedfellows in the Texas Lawsuit Over the Affordable Care Act

6/14/18  //  Commentary

A bipartisan group of law professors, including the two of us, has filed a brief challenging the claim that the Affordable Care Act should be invalidated.

Abbe R. Gluck

Yale Law School

Nick Bagley

University of Michigan Law School

A Big Loss for Insurers at the Federal Circuit

6/14/18  //  Commentary

The opinion is a $12 billion setback for insurers seeking money they're owed under the Affordable Care Act. But the costs of being cavalier about our debts extend far beyond this arcane fight.

Nick Bagley

University of Michigan Law School

Versus Trump Live: Fairweather Federalism?

6/14/18  //  Commentary

On this week's special live episode of Versus Trump, Easha, Charlie, and Jason share the stage at the ACS National Convention in Washington, DC with Maryland Attorney General Brian Frosh and Stanford Law's Pamela Karlan. They discussed several important cases brought by states against the Trump Administration as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP