Parties' Letter Briefs on Mootness in Entry Ban Case at Supreme Court

10/5/17  //  Uncategorized

A quick assessment of the arguments - and stakes of the arguments - on mootness and vacatur.

Marty Lederman

Georgetown Law

Versus Trump: So, Can California Really Do That?

10/5/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. Jason and Charlie ask each other whether California has the constitutional power to do that, and, if so, whether it's a good idea. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

A Primer on the DACA Rescission

10/5/17  //  In-Depth Analysis

Here we address confusions and misconceptions about what DACA is (or was), and what will happen next; about the effects of DHS’s “rescission, and what the legal basis might be for that rescission; about what happens during the so-called six-month “window”; about the prospects that Trump might reverse course in March; and about the current litigation challenging DHS’s rescission.

Marty Lederman

Georgetown Law

Cristina Rodríguez

Yale Law School

Adam Cox

NYU Law School

The Bully and the Press

10/5/17  //  In-Depth Analysis

By Sonja West: In response to Trump's attacks, we should embrace the unique constitutional status of journalists and mount defenses based on the First Amendment Press Clause.

Take Care

Justice Kennedy, The First Amendment, and Partisan Gerrymandering

10/4/17  //  In-Depth Analysis

By David Gans: Will Justice Kennedy carve out a partisan redistricting exception from foundational First Amendment principles?

Take Care

Pardon But Don’t Forget

10/4/17  //  Commentary

DOJ supports Arpaio's request that Judge Susan Bolton vacate his criminal contempt conviction. But she could instead simply dismiss the case and let the contempt ruling linger.

Bernadette Meyler

Stanford Law School

Honor Killings and the Travel Bans

10/4/17  //  In-Depth Analysis

Anti-Muslim animus on the face of the second travel ban requires clear proof that the third one is free of such bigotry.

Our Imperiled Absolutist First Amendment

10/3/17  //  Commentary

Recent developments could imperil constitutional protections for expressive freedom.

Zachary Price

U.C. Hastings College of the Law

In A Major Immigration Case, The Government Says “We’re Going Big, So Go Home”

10/2/17  //  In-Depth Analysis

The government is arguing it can deprive noncitizens of their legal rights simply by making it too difficult and painful to vindicate those rights.

Leah Litman

Michigan Law School

What Is The Government’s Word Worth In Court? (Part II)

9/29/17  //  Commentary

How much does the Supreme Court consider what the government has said in previous cases?

Leah Litman

Michigan Law School

Versus Trump: [This Episode Blocked]

9/28/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Constructing the Press as Enemy

9/28/17  //  In-Depth Analysis

The Trump administration—in word and in deed—has engaged in enemy construction of the press.

Take Care

Protecting Free Speech and Free Press From Motivated Malignancy

9/28/17  //  In-Depth Analysis

Trump’s potential violations of free speech and press have much in common with his apparent violations of other constitutional limits

Michael C. Dorf

Cornell Law School

What Is The Government’s Word Worth In Court? (Part I)

9/28/17  //  Commentary

How much does the Supreme Court consider what the government has said in previous cases?

Leah Litman

Michigan Law School