The Supreme Court’s Travel Ban

7/19/17  //  In-Depth Analysis

The Supreme Court is now a co-owner and co-author of the travel ban. That grows truer every time it tinkers with minutiae of this cruel, unjustified policy. And with that position comes major institutional risk to the Supreme Court’s public legitimacy.

Litigating the Supreme Court’s Entry Ban Opinion: What’s the Required Connection?

7/19/17  //  Commentary

All of the briefs are now in on the government’s motion to the Supreme Court for clarification of its order in Trump v. Hawaii.

Marty Lederman

Georgetown Law

How to Destabilize Insurance Markets Without Really Trying

7/18/17  //  In-Depth Analysis

The health care sharing ministry amendment is just one example of a seemingly innocuous provision that could have significant effects overall. Senators should pay attention.

Rachel Sachs

Washington University Law School

Fifth Circuit Ruling Threatens LGBT Rights & Religious Freedom

7/17/17  //  In-Depth Analysis

The Fifth Circuit his reversed a preliminary injunction against HB 1523, Mississippi's unusual anti-LGBT "religious freedom" law. Its reasoning is incorrect and at odds with precedent. En banc review is warranted to establish uniformity in the law and vindicate important constitutional principles.

Back to the Supreme Court on the Scope of the Entry Ban Injunction: First Thoughts

7/15/17  //  Commentary

Now that the travel ban is back in the Supreme Court, here are four additional, preliminary thoughts on where things stand.

Marty Lederman

Georgetown Law

The Government And Grandparents (What's The Big Deal?)

7/15/17  //  Quick Reactions

DOJ rushed to the Supreme Court to ensure that the government wouldn't have to admit grandparents. Its arguments are silly.

Leah Litman

Michigan Law School

Disability Advocates Challenge Medicaid Cuts

7/14/17  //  Commentary

Hundreds of people in wheelchairs, with walkers, and using ventilators protested in Senators’ offices and RNC offices across the country. Many traveled far from their homes, suffered blazing temperatures, and were denied access to bathrooms and elevators, to make their voices heard. And Senators and RNC staff refused to meet them, had them forcibly ejected, and called police to arrest them.

Eve Hill

Brown Goldstein & Levy

Latest Travel Ban Ruling Helps A Lot But Not Enough

7/14/17  //  Quick Reactions

It is likely that the Trump administration will simply seize on whatever ambiguity there is in the latest injunction to deny entry to as many people as it can. Why? Because that is the point of the Travel Ban.

Michael C. Dorf

Cornell Law School

A New Civil Case Powerfully Opens a New Front Against Trump for Russia Conspiracy

7/13/17  //  Quick Reactions

A powerful new civil complaint that focuses on the Russian hacking conspiracy has been filed against the Trump campaign.

Jed Shugerman

Fordham Law School

Versus Trump: I Want Out!

7/13/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Easha discuss the cases against Trump University, the global settlement that was reached, and whether the pending challenge by a lone objector can—or should—alter the result. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Trump Jr. and Citizens United

7/13/17  //  Commentary

In a perfect world, federal election law would distinguish between foreign governments involving themselves in U.S. elections and foreign nationals doing so. Unfortunately, we don't live in that perfect world because of the Supreme Court.

Michael C. Dorf

Cornell Law School

A Reality Check On Proceedings Related To The Entry Ban Injunctions

7/13/17  //  In-Depth Analysis

Some commentators are seizing on court orders in the proceedings related to the scope of the injunction against the entry ban as an indication that courts are rethinking their decisions against the entry ban. That's wrong (with a cautionary note about the federal courts).

Leah Litman

Michigan Law School

The Attacks on Mueller’s Investigation are Desperate, Baseless, and Unprecedented

7/13/17  //  Commentary

The President’s minions have been laying the groundwork for Mueller’s dismissal. But their attacks are ill-founded.

David Sklansky

Stanford Law School

UPDATE 2: The President’s Twitter Account & the First Amendment

7/12/17  //  Quick Reactions

The Knight First Amendment Institute at Columbia University and seven Twitter users filed suit yesterday against the President, the White House Press Secretary, and the White House Director of Social Media.

Amanda Shanor

The Wharton School

The Definition of "Emolument" in English Language and Legal Dictionaries, 1523-1806

7/12/17  //  In-Depth Analysis

John Mikhail demonstrates that "DOJ’s historical definition of 'emolument' is inaccurate, unrepresentative, and misleading."

Take Care