5/2/17  //  Commentary

Misperceptions of the Muslim Ban case abound. One of them is that Trump's animus is evidenced only by his campaign promise to ban Muslims from America. That promise, we demonstrate, must be situated in the context of Trump's sustained and wide-ranging crusade against the American Muslim community.

5/1/17  //  Commentary

The ugly history of loyalty oaths lies along a road on which Trump's "Loyalty Day" proclamation takes a frightening first step, one wrapped in a false version of the American flag.

5/1/17  //  Commentary

The GOP health care bill would result in millions of Americans with pre-existing conditions losing their insurance. Statements by Trump to the contrary just aren't true. Whether he doesn't understand his own plan or is misrepresenting it, Trump has an obligation to be honest about what he has proposed for the nation's health care system.

5/1/17  //  Commentary

Unless and until the Supreme Court overrules Clinton v. Jones, that rule is that the president lacks immunity, regardless of where he is sued. Thus, Clinton v. Jones is indeed very damaging to Trump's defense against the various lawsuits against him on the basis of his pre-presidential conduct.

4/28/17  //  Commentary

Trump issued an order directing Interior Secretary to review a generation's worth of national monument designations. That order is likely illegal.

4/28/17  //  Commentary

The various ways that standing skeptics have distinguished cases supporting standing in CREW are unpersuasive.

4/28/17  //  In-Depth Analysis

While President Trump has little direct control over how states administer the death penalty, his administration might seek to facilitate the acquisition of legal injection drugs and limit federal habeas review in capital cases. But these policies would raise major legal questions.

4/28/17  //  Commentary

Protecting the civil service from purges, intimidation, or politicization is vital to a healthy democracy. That's why United to Protect Democracy has filed suit to combat a troubling pattern of bullying civil servants and trying to silence dissent.

4/27/17  //  Commentary

The second episode of Versus Trump, Take Care's podcast, features discussion of a lawsuit against President Trump for inciting violence, the Muslim travel ban, and more. Listen or subscribe now!

4/27/17  //  Commentary

Why did Trump bash a judicial decision blocking an order that, if you believe his own lawyers, does nothing, changes nothing, and likely won't be applied to anybody?

4/27/17  //  In-Depth Analysis

Critics of the standing arguments in CREW v. Trump are defining the new plaintiffs’ injury in the wrong way.

4/27/17  //  Commentary

This Week's Episode: "Get 'Em Out!" + Richard Primus

4/27/17  //  Commentary

The statute, 8 U.S.C. § 1373(a), says nothing about Trump’s biggest complaint.

4/27/17  //  In-Depth Analysis

President Trump and Attorney General Sessions hold exceptionally pro-death penalty views. Here's how they might seek to increase use of capital punishment at the federal level, and why any such effort likely would fail.

4/27/17  //  Quick Reactions

Professor Jed Shugerman analyzes a Reuters report that state pensions, run by state officers, are investing and paying public money to Trump LLCs