The Injustice of Trump's Climate Order

3/29/17  //  Commentary

As a result of Trump's tragic climate order, people will suffer, and some will die. Not only years from now, but also in the short term.

Eli Savit

University of Michigan Law School

The First Amendment Belongs Only to Americans? Wrong

3/29/17  //  Commentary

The First Amendment makes America great for everyone, not just for citizens.

Nikolas Bowie

Harvard Law School

Leah Litman

Michigan Law School

FCC’s Reversal on Prison Call Rates Demonstrates the Commission’s New Stance

3/29/17  //  Quick Reactions

The FCC has abandoned its legal defense of a 2015 order that placed new caps on the cost of phone calls placed by prison inmates. This reflects a mentality that will have major effects in prisons and elsewhere.

Daniel Deacon

U.C. Irvine School of Law

International Human Rights Law in the Trump Era

3/29/17  //  In-Depth Analysis

The Trump Administration’s actions thus far are not just an attack on human rights norms. And they’re not merely a rejection of international law. They’re also an assault on our national security and foreign policy.

What Happens Next for the ACA?

3/28/17  //  Commentary

President Trump has said that “the best thing we can do politically speaking is let Obamacare explode,” and there’s a lot he can do to make that explosion a reality. Here is what you need to know about what might come next.

Rachel Sachs

Washington University Law School

Nick Bagley

University of Michigan Law School

The Standard Fare of Judges: What Happens When the Judiciary Does What It Always Does

3/28/17  //  Commentary

The Muslim Ban litigation does not involve a "revolt of the judges." As proven by a survey of major and minor cases from the legal canon, this litigation involves only the standard fare of judging.

Daniel Deacon

U.C. Irvine School of Law

Leah Litman

Michigan Law School

The Fiduciary Rule: Triaging Quality for “Access” and Small Business at All Costs

3/28/17  //  In-Depth Analysis

Ultimately, this Administration’s re-examination of the Obama-era Department of Labor fiduciary rule looks like little more than a gift to the retirement services industry at the expense of workers and retirees.

Danielle D'Onfro

Washington University Law School

Making Bureaucracy Great Again: Trump’s New Office of Innovation

3/27/17  //  Quick Reactions

Jared Kushner says he will run government like a business. But this administration has no understanding of government, or of business. And it doesn't respect the distinctive, unbusinesslike practices and principles of running a government.

Jon D. Michaels

UCLA School of Law

Should the United States Have Special Elections for the Presidency?

3/27/17  //  Quick Reactions

Proposals for a "special election," potentially in response to evidence of Russian interference with the 2016 Presidential Election, raise major constitutional, political, and policy questions.

Ian Samuel

Harvard Law School

Jared Kushner's New SWAT Team More Like Neighborhood Watch

3/27/17  //  Quick Reactions

Trump's son-in-law will lead a new office to "overhaul the federal bureaucracy." But Kushner can't wield real power without crashing into federal anti-nepotism rules. So our new government efficiency czar can't make big decisions himself. Oh, the irony ...

Nikolas Bowie

Harvard Law School

If Trump Guts Key Programs, Does Staying in the Paris Agreement Even Matter?

3/27/17  //  Commentary

Loudly withdrawing from the Paris Agreement would deal the process a symbolic blow. But it’s hard to see the Trump Administration’s attack on the Clean Power Plan and increased fuel economy standards as anything other than a withdrawal in all but name

Ann Carlson

UCLA School of Law

The Contingency of Partisanship

3/27/17  //  In-Depth Analysis

Both history and recent events make clear that President Trump can’t rely on partisan allegiance alone to save his presidency.

Josh Chafetz

Cornell Law School

McKayla Maroney Is Not Impressed (With DOJ's Brief in the Fourth Circuit)

3/27/17  //  In-Depth Analysis

The Department of Justice has filed a brief in the Fourth Circuit defending President Trump's revised entry ban. This is not an impressive brief: it is rife with misstatements of fact and incorrect legal arguments.

Leah Litman

Michigan Law School

Sherley You’re Joking

3/27/17  //  Commentary

A confused and poorly reasoned decision by the U.S. Court of Appeals for the D.C. Circuit shouldn’t be read to shield agencies from judicial review whenever they happen to be following an executive order.

Nick Bagley

University of Michigan Law School

Is The GOP ACA Repealer Unconstitutional on Federalism Grounds?

3/24/17  //  Commentary

Abbe Gluck explains that, ironically, the GOP proposal to repeal the Affordable Care Act in the name of returning authority over health care to the states has potentially serious constitutional issues on federalism grounds.

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