5/11/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the question of whether the upcoming election can be "cancelled" for political or pandemic reasons. They agree it'd be illegal...but does that mean it absolutely cannot happen? Listen now!

5/6/20  //  Commentary

Even the Supreme Court has been required to take unprecedented steps by closing the building, postponing argument dates, and converting to telephonic hearings. Those impacts should be reflected in all aspects of the Court’s work, including the decisions it renders for the remainder of this term.

5/6/20  //  Commentary

The Title VII cases before the Court present a fundamental question: are there really five textualists on the Court? We’ll find out soon.

5/4/20  //  Commentary

Don Herzog explains why sovereignty talk is useless to resolving public health issues -- and basically everything else too.

4/28/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss claims by churches that stay-at-home orders violate their religious freedom. Turns out it can be a tough issue! Listen now.

4/27/20  //  Quick Reactions

The dissenters in the New York gun case confirm that their reasoning in RNC v. DNC was a makeweight shell game.

4/27/20  //  Quick Reactions

On what the Supreme Court's opinions today suggest about next term's challenge to the ACA.

4/27/20  //  Commentary

By Ashwin Phatak: Although DOJ has recently taken the position in litigation that the House of Representatives lacks standing to bring a civil action to enforce a subpoena against an Executive Branch official, that position conflicts with prior DOJ precedents

4/27/20  //  Commentary

Certain kinds of government propaganda violate the Free Speech Clause. President Trump has crossed that line.

4/20/20  //  Quick Reactions

Ten thoughts on Ramos v. LA

4/17/20  //  Commentary

By embracing Christian nationalist rhetoric, Secretary of State Pompeo ignores America’s secular constitutional tradition—and undermines the United States’ ability and credibility to promote human rights, pluralism, and the rule of law around the globe.

4/17/20  //  Quick Reactions

On this week’s Versus Trump, Jason and Charlie discuss last week's election in Wisconsin, include two rulings—one by the Wisconsin Supreme Court and one by the U.S. Supreme Court—that don't hold up very well in light of what occurred. Listen now!

4/10/20  //  Commentary

It's been one year since DHS had a director confirmed by the Senate. In the meantime, Trump has continued to avoid the constitutional requirement of advice and consent—and violated federal law about using acting directors.

4/7/20  //  Commentary

By Brianne Gorod and Becca Damante: Congress’s $2 trillion relief legislation is the largest aid package in modern American history. That’s a lot of discretion to give to an Administration in which self-dealing and corruption are disturbingly common. There is thus an urgent need for vigorous congressional oversight.

4/6/20  //  Commentary

By Charlie Miller & Brianne Gorod: House Speaker Nancy Pelosi has announced a Select Committee on the Coronavirus Crisis. The Truman Commission offers a model for oversight of the COVID-19 response.