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Articles & Commentary

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.

June 27, 2017

This moment in our history is perilous for the continued recognition of rights that too many people born after Roe take for granted. So much has changed since the Court reaffirmed the right to access abortion one year ago that now, more than ever, progressives must understand the tremendous power that America’s courts have to shape our daily lives. In the era of Trump, that power can do incalculable damage if we do not focus our activism and our votes as if our rights depended on it. Because they do.

June 22, 2017

Ziglar offers a thin, unconvincing view of separation of powers that never takes seriously that the judiciary has an affirmative role to play in the Constitution’s system of separation of powers. It closes the courthouse doors on victims of unconstitutional misconduct, discounting the judicial check our Constitution’s Framers insisted. It turns its back on the rule of law, the building block of our most precious constitutional guarantees.

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 30, 2017

The bottom line, as court after court has recognized, is that religious intolerance masquerading as security is offensive to the principles on which the Founders established this nation, and toward which we as a country must constantly strive. Sessions has promised to appeal to the U.S. Supreme Court the administration’s defeat in the 4th Circuit, but it is past time for Trump to stop the masquerade. He should jettison his unconstitutional Muslim travel ban.

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