June Medical Services’ Double Threat to the Rule of Law
In recent months, commentators and the justices themselves have raised concerns about declining public confidence in the judiciary. But confidence has to be earned. Enforcing the law and summarily reversing the Fifth Circuit is an essential first step.
Versus Trump: Watch Out, Watch List
On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!
Judges, Do The Reading
The oral argument in the TPS case featured a line of questioning that suggested one of the judges had not read the relevant Supreme Court case.
Federal Defenders and the Sixth Amendment's Zone of Interests
The zone of interests test shouldn't apply to constitutional claims seeking injunctive relief. But even if it does apply, it doesn't prevent federal defenders from challenging arbitrary limits on attorney access under the Sixth Amendment.
Versus Trump: Versus DeVos 2.0
This week on Versus Trump, Jason discusses the continuing illegal intransigence of the Department of Education, with Eileen Connor and Toby Merrill of Harvard's Project on Predatory Student Lending. Listen now!
The Constitution and the Zone of Interests Test
As the Supreme Court constructs new and artificial barriers to relief for violations of the Constitution, it is important to recognize where the Court has expressly *rejected* such limitations
How Many Bullets Do You Need?
Various jurisdictions that have banned large-capacity magazines define large-capacity differently. So how many bullets are enough under the Second Amendment?
The Court’s Border Wall Fiasco
The Supreme Court’s decision to stay the injunction against the President’s construction of the border wall made no sense. It is also part of a troubling trend of restricting remedies against unlawful government action.
Versus Trump: Straight to the Supremes (We're Back!)
This week on Versus Trump, Jason and Charlie are back from a hiatus, and they discuss why the Trump Administration has been going to straight to the Supreme Court with emergency requests so frequently. Listen now!