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Articles & Commentary

October 20, 2017

President Trump may not like the fact that there are rules that slow down his administration’s ability to rewrite the regulations governing the contraception mandate, but those are the rules. They apply to him no less than they applied to President Obama.

October 10, 2017

The Harris County bail system denied ODonnell “equal protection of the laws” by demanding a sum of money she did not have to secure the same freedom that others with more money could buy. Disparity in treatment based on wealth turns a constitutional right into a privilege only for those who can afford it. The 5th Circuit should strike down this arbitrary imposition of bail and rule in ODonnell’s favor.

October 6, 2017

Neil Gorsuch—the newest member of the court—could benefit from watching and emulating his mentor and former boss.

October 4, 2017

Over the course of three decades on the Supreme Court, Justice Anthony Kennedy has developed a legacy as a passionate defender of the First Amendment.  In case after case, Kennedy has spelled out the structural role the First Amendment plays in our democratic system of government, insisting that the government may not discriminate against forms of speech or political association disfavored by the government.  Doing so, as Kennedy has explained, runs afoul of one of the First Amendment’s most basic rule--its prohibition on viewpoint discrimination.  The question

October 3, 2017

The High Court’s docket in the new term is brimming with cases of national interest and importance, the resolution of which will have far-reaching effects for all Americans. For anyone who ever ignored the importance of the courts in our everyday lives — from the workplace to the polling place — the justices are poised to grab our nation’s attention with a thunderclap.

September 20, 2017

The lesson we must take from this history is that the Constitution must be renewed with each successive generation of Americans. It is now our turn. Let us use this Constitution Week to rededicate ourselves to what President Lincoln called "the better angels of our nature," to the principles that make our nation's founding charter the envy of the world, and to the hard work of defending it.

September 7, 2017

In the hands of an administration as unabashed as this one is about ignoring established legal constraints, the broad terms of the No Sanctuary bill could offer many avenues toward the monolithic deportation police state that is its all but expressly proclaimed destination.

August 21, 2017

For one who promised to “take seriously . . . the appearance of impartiality,” it is time for Gorsuch to return to those words. Speaking at the Trump International Hotel does not foster the appearance of impartiality. It does the opposite. Gorsuch should reflect soberly on his decision to speak at his patron’s property, which lies at the center of not one but three cases that could come before him in the months ahead. Upon such reflection, Gorsuch should withdraw from speaking at any of Trump’s properties and thereby begin to match the volume of his actions as the court’s newest justice with those of his words as Trump’s nominee.

August 12, 2017

If Trump or his team are found likely to have committed a crime or crimes, or other bad acts, then the grand jury will issue one or more indictments or a critical report. In that case, the American people will have the Founding Fathers to thank for vesting regular, ordinary citizens in our system of government with a strong and resilient mechanism to hold even the most powerful person in our country to account to our laws and the Constitution.

June 28, 2017

The words “Equal Justice Under Law” are chiseled into the marble frieze above the main entrance to the Supreme Court building. But the Term that ended this week revealed a heavy thumb on the scales of justice for corporate interests and against workers, consumers, and average Americans.

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