6/2/17  //  Commentary

The government's papers in the Supreme Court neglect to mention that the entry ban expires in 12 days, anyways.

6/2/17  //  Quick Reactions

The government's petition for certiorari and stay requests raise some difficult timing issues in the travel ban litigation.

6/2/17  //  Commentary

Debate over whether the world is better if we stay in or get out and the game-show-style interest that Trump (in typical Trumpian fashion) has generated regarding his BIG DECISION should not obscure two basic facts: (1) The Trump environmental policy is disastrous; and (2) when it comes to the environment and global warming especially, Trump is a mainstream Republican.

6/2/17  //  In-Depth Analysis

George Washington’s effort to keep some of his land dealings quiet at least suggests he understood they were politically, legally, and maybe constitutionally problematic.

6/2/17  //  Commentary

The budget for the Civil Rights Division underscores how the administration will turn a blind eye toward many forms of discrimination while stoking anti-immigrant sentiment.

6/1/17  //  Commentary

The Trump Department of Health and Human Services has proposed a massive expansion of the program that provides employers and exemption from providing their employees with contraceptive coverage. But they have not sought notice-and-comment on the rule, and that could be a major problem.

6/1/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha and Jason dig into healthcare for the first time, as they take a deep dive into the House v. Price litigation that addresses whether certain payments to insurers under the Affordable Care Act have been properly appropriated. They also debate immigration rhetoric vs. action and discuss drug testing for unemployment benefits. Listen now!

6/1/17  //  Commentary

The Ninth Circuit can give life to one of the challengers' most powerful arguments against Supreme Court review.

6/1/17  //  Commentary

Trump’s defenders have long ascribed illegitimate motives to his critics. Now they’re doing that to the judges who have found Trump’s policies unlawful. That’s not okay.

5/31/17  //  Commentary

With the news that Trump will withdraw from the Paris Agreement, it's important to talk about how he may do so.

5/31/17  //  Quick Reactions

An extraordinary concurrence by Judge Reinhardt of the Ninth Circuit condemns inhumanity and injustice in our immigration system.

5/31/17  //  Uncategorized

If a court finds that the government has acted with an impermissible purpose—one discriminating against Muslims, say—what can the government do to remove the taint?

5/31/17  //  Commentary

By Jed Shugerman: Trump’s lawyers have argued that the original public meaning of “emolument” was “payment or other benefit received as a consequence of discharging the duties of an office.” But recent research by John Mikhail into Blackstone's Commentaries shows that emoluments are not limited to “office related payments.”

5/30/17  //  In-Depth Analysis

The president’s proposed budget reveals an intent to roll back protections for the most vulnerable members of society.

5/30/17  //  In-Depth Analysis

A detailed guide to how and when the Muslim Ban might reach the Supreme Court (and why this question really matters).