6/15/17  //  In-Depth Analysis

Litigation over Blaine Amendments--and the government's filings at the Supreme Court in LeBlanc-Sternberg v. Fletcher--show that reliance on unofficial campaign statements is far from novel in our religious liberty tradition—and would no doubt be embraced by federal judges in the face of an analogous anti-Catholic measure.

6/14/17  //  Commentary

The government’s litigation strategy in the travel ban litigation undermines the purported national security rationale for the entry ban.

6/14/17  //  Commentary

If recent events are any sign, the public will not stand idly by as Trump turns our nation into a banana republic.

6/14/17  //  Commentary

The last week saw important developments with respect to Donald Trump's ongoing confrontation with the Constitution's Foreign Emoluments Clause.

6/14/17  //  In-Depth Analysis

Early signs suggest that the Trump Administration’s strategy is to weaken unions and deregulate employers.

6/14/17  //  Commentary

Today, Senator Richard Blumenthal, Representative John Conyers, and 194 other members of Congress have gone to federal court seeking to put an end to the President’s willful violations of the Constitution.

6/13/17  //  Commentary

The already strong case for felony false statement might get unbearably stronger

6/13/17  //  Commentary

There’s been a great deal of noise from some of the President’s confidants over the past 48 hours suggesting that he might (try to) remove Special Counsel Robert Mueller.

6/13/17  //  In-Depth Analysis

Senator Risch asked Jim Comey whether a person has been charged for obstruction of justice or any other criminal offense, where they said or thought they hoped for an outcome. We hope he finds our research instructive.

6/13/17  //  Commentary

I reviewed all federal circuit courts of appeals cases, federal district court cases, and state supreme court cases for obstruction of justice cases involving a defendant’s use of language similar to “I hope” or “I’m hoping.” The results are in line with what we would expect if “hope” verbiage is uncontroversially and generally understood as implying direction.

6/13/17  //  Commentary

Many are speculating about whether President Trump recorded his conversations with fired FBI Director Jim Comey, and Wikileaks has even offered a reward for any Trump-Comey recordings. But new technology allows creation of fake recordings with real people's voices. Now is a good time to start thinking about this technology's implications for our democracy and legal system.

6/13/17  //  In-Depth Analysis

An updated quarterly report on instances in which there are credible allegations of President Trump, his family, and his close associates exploiting their public power for private gain.

6/12/17  //  Commentary

Justice Ginsburg's opinion in Sessions v. Morales-Santana exacerbates many of the shortcomings of our immigration system.

6/12/17  //  Quick Reactions

A quick recap of the Ninth Circuit's decision in Hawaii v. Trump with thoughts about what it portends for the Supreme Court.

6/12/17  //  In-Depth Analysis

The most remarkable thing about DOJ’s brief is that its conclusion doesn't follow from its own explanation of the meaning of the term “emolument,” nor, for that matter, from any of DOJ’s analysis. To the contrary, DOJ’s account of the Clause, and of the meaning of the term “emolument,” actually demonstrates that the President is violating the Foreign Emoluments Clause, at least with respect to some of the conduct alleged in the CREW complaint.