7/12/17  //  In-Depth Analysis

Last week, Brianne Gorod strongly refuted the claim that Alexander Hamilton thought presidents are free to accept foreign emoluments. Her post sparked a bout of criticism on Twitter. But that criticism is weak even on its own limited terms—and should not obscure Brianne's vital contribution to a debate of surpassing national importance.

7/12/17  //  Commentary

A recent D.C. Circuit opinion vindicates the principle that while agencies may have discretion over how laws are enforced, they cannot use that enforcement discretion to cancel legal obligations altogether.

7/11/17  //  Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

7/11/17  //  Commentary

Jane Chong questioned whether the administration's “self-interested [legal] stance" in the cases about the emoluments clauses "is ... fundamentally at odds with the trust that the office [of the President] confers.” It's worth asking the same about the administration's litigating position on the scope of the injunction against the entry ban.

7/10/17  //  In-Depth Analysis

Separation of powers principles strongly support standing in the Foreign Emoluments Clause suit filed by Members of Congress.

7/10/17  //  Commentary

In a challenge to Texas's strict voter ID law, DOJ has just turned its back on minority voters and victims of discrimination in Texas.

7/10/17  //  Commentary

As disenfranchisement and voter suppression efforts are on the rise, one partial response is reenfranchisement.

7/7/17  //  In-Depth Analysis

The commission is not truly bipartisan and is based on false assertions of widespread voter fraud.

7/7/17  //  Quick Reactions

Three former Surgeons General have called for an end to involuntary medical procedures on intersex babies and children. U.S. immigration law sheds light on why this is such an important development.

7/6/17  //  Commentary

For good reason, nearly everyone agrees that the Foreign Emoluments Clause applies to the President. And the main contrary argument rests on a misreading of the historical record.

7/6/17  //  Commentary

On this week’s episode of Versus Trump, we celebrate Independence Day with a look at the past, present, and future of judicial independence. Jason and Easha discuss the origins of judicial power, and then talk about what the Trump Administration has done that may undermine the authority of the judiciary—and where that kind of talk might lead us. Listen now!

7/5/17  //  Commentary

Larry Schwartztol of Protect Democracy on how Kris Kobach's request for voter information violated federal law.

7/5/17  //  Commentary

The Trump Administration has quietly retreated from (and sought to undo) an effort by the Centers for Medicare and Medicaid Services to push back on mandatory arbitration.

6/30/17  //  In-Depth Analysis

Kris Kobach just asked for help building a national voter file in two weeks. That’s massively irresponsible. And it might well be illegal.

6/30/17  //  Quick Reactions

It is the federal government’s responsibility to define immigration violations—and in particular, aggravated felonies—precisely.