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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.

June 19, 2017

Congressional standing is not an all-or-nothing proposition, available in all circumstances or available in none. We have never taken that position, and neither have our clients. Instead, members of Congress—just like any other plaintiffs—may have standing in one case and not in another, depending on the specific claim.

June 14, 2017

When President Trump took the oath of office, he swore to “preserve, protect and defend” the Constitution of the United States. Yet since he took that oath, he has been flagrantly violating a critical provision of the Constitution that was designed to ensure that the nation’s leaders would always put the national interest above their personal self-interest.

May 24, 2017

As the 2008 financial crisis demonstrated, systemic abuses against some borrowers can have devastating effects on everyone. America needs a truly independent financial regulatory authority that is insulated from industry influence and can work on behalf of individual consumers and the U.S. economy as a whole.

April 26, 2017

The Sessions Department of Justice is not developing a strong track record when it comes to presenting facts fairly and honestly. If it continues on this course, it will likely undermine its credibility with the judges whom it is trying to persuade. And that’s as it should be, because facts matter, whether this Administration realizes it or not.

March 24, 2017

In the days ahead, there will likely be many questions raised about this GSA decision, such as why it was made by the contracting officer with a long relationship with the Trump Organization (rather than by a higher level officer) and why benefits delayed don’t qualify as a “benefit” under the lease.  But there’s one very important question that no one should forget: does this decision, which directly benefits the President, violate the Domestic Emoluments Clause?

March 21, 2017

It's not difficult to imagine the various ways in which the federal government may end up paying Trump's businesses. In fact, it's already happening.

January 12, 2017

The Senate and the American people both have a right to know whether Sessions will stand up to Trump and truly be the people’s lawyer, not the President’s. General promises aside, Sessions didn’t demonstrate this at his hearing, which means there’s no reason for anyone to think that he will be willing to say “no” to this President, even though - as Sessions himself has said - that’s exactly what an Attorney General sometimes needs to do.

January 12, 2017

For weeks, President-elect Donald Trump has been assuring the American people that it would be easy for him to resolve the constitutional and conflict-of-interest problems posed by his vast business holdings. But, at his press conference Wednesday, he revealed just how wrong those promises were. Simple or not, Trump’s long-awaited plan does nothing to address the imminent collision between his presidency and the Constitution.

January 11, 2017

Since Trump refuses to sell his vast business holdings, these types of conflicts and the possibility of widespread corruption will hound him throughout his presidency. To preserve the integrity of the office of the president, Trump should reconsider and take the steps necessary to ensure that he - and the people who work in his Administration - are truly working for the people’s interest and not the president’s.

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