Supporting New Scholarship for the Next Generation

On March 20 and 21, CAC was thrilled to welcome 16 legal scholars from 13 institutions for the first ever Spring Law Faculty Workshop at our offices in Washington, DC. Legal scholarship exploring the progressive promise of the Constitution’s text and history, as well as in the laws that Congress passes, is at the core of CAC’s mission. The event helped bridge dynamic constitutional interpretation within law schools to the impactful work within CAC. Organized by CAC’s inaugural Scholar-in-Residence, Alexis Hoag-Fordjour, and CAC’s Director of Civil Rights, Human Rights, and Citizenship, David Gans, the convening started with an evening of fellowship over dinner and segued into a daylong scholarly discussion. Members of CAC’s litigation team participated in discussions.

The workshop provided a forum for participants to share unpublished works-in-progress, receive feedback on their work, and provide suggestions for other scholars’ work. Jamelia Morgan, Professor of Law and Faculty Director for the Center for Racial and Disability Justice at Northwestern Pritzker School of Law, presented a work, Status-Enforcing Criminal Laws. In it, Morgan critiques “quality-of-life offenses . . . that purport to regulate social and physical disorder,” but that “target [marginalized] people who violate those laws because they engage in routine activities of daily living in public spaces.” Rather than Eighth Amendment protections, the work argues for a new doctrinal home for status crimes in the Fourteenth Amendment “that aligns with a deeper understanding of the [Amendment’s] history and purpose . . . .”

Adam Davidson, Assistant Professor of Law at the University of Chicago Law School, focuses his research on how tools within criminal law, constitutional law, and criminal procedure can further debates about reforming or abolishing police, prisons, and the prison industrial complex. His draft, entitled Solving Baseline Problems from Below, sheds light on a divide among Thirteenth Amendment legal scholars. In part, the work examines the text, history, and analysis of the Thirteenth Amendment to help explain “future jurisprudence of involuntary servitude.”

Maureen Edobor, Assistant Professor of Law at Washington and Lee School of Law and a Steven M. Polan Fellow at the Brennan Center for Justice at NYU School of Law, presented a book review, forthcoming in the Texas Law Review, of Madiba Dennie’s The Originalism Trap. Edobor praises Dennie’s book and examines the concept of “inclusive constitutionalism,” an alternative to the originalism advanced by many conservatives, arguing that it is “more logical [and] consistent . . . .” Other works examined the Sixth Amendment right to conflict-free counsel, what Reconstruction means for the freedom of speech, and state laws regulating juvenile curfews. The second day ended with three scholars sharing the beginning ideas of projects and receiving feedback from all in attendance.

We were delighted to host Carter Stewart, the Andrew W. Mellon Foundation’s Executive Vice President of Programs, on both days. We are grateful to the Mellon Foundation for their support in making the Spring Law Faculty Workshop possible and enabling us to host Professor Hoag-Fordjour as CAC’s Scholar-in-Residence for the year. Stay tuned for news about next year’s Scholar-in-Residence.

• Harris v. Bessent — CAC WIN – The D.C. Circuit considered the government’s motion to stay the district court’s order in favor of Merit Systems Protection Board Chair Cathy Harris, who Trump unlawfully attempted to fire. On March 10, CAC filed an amicus brief in opposition to the government’s motion to stay the district court’s order. Although a three-judge panel stayed the order, the full en banc court later reinstated it, allowing Harris to return to work. DC Circuit, decision issued April 7.
• Wilcox v. Trump — CAC WIN – The D.C. District Court ruled in favor of NLRB Member Gwynne Wilcox and upheld the constitutionality of the NLRB’s structure. Echoing our brief, the court explained that current Supreme Court precedent supports the constitutionality of multimember independent agencies, and thus concluded that the attempt to fire Wilcox was unlawful. On March 11, CAC filed an amicus brief in opposition to the government’s motion to stay the district court’s order in the D.C. Circuit. Although a three-judge panel stayed the order, the full en banc court later reinstated it, allowing Wilcox to return to work. DC Circuit, decision issued April 7.
• Shilling v. Trump — CAC WIN –The Western District of Washington is considering whether President Trump’s executive order categorically barring transgender people from serving in the military is unconstitutional. CAC filed a brief in support of plaintiffs’ motion for a preliminary injunction to stop the order from taking effect, arguing that the ban violates the Constitution’s guarantee of equal protection and that it cannot withstand any standard of judicial scrutiny. The court, citing our brief, granted the injunction. Western District of Washington, opinion issued March 27.
• Bondi v. VanDerStok – CAC WIN – In Bondi v. VanDerStok, the Supreme Court, echoing our brief, held that the ATF rule regulating gun parts kits and near-complete frames and receivers is not inconsistent with the Gun Control Act of 1968. Supreme Court, opinion issued March 26.
• New York v. Trump – CAC WIN – In New York v. Trump, the First Circuit considered whether to block a district court order directing the Trump administration to restore funding to the states. These federal funds to the state supported critically important programs like natural disaster relief, child care, and food and medical support. Our amicus brief urged the First Circuit to deny the government’s request to stay the district court’s order, which it did on March 26. First Circuit, filed March 17, opinion issued March 26.
• Pacito v. United States — In Pacito v. Trump, the Ninth Circuit is considering whether the Trump administration’s unilateral decision to dismantle the United States Refugee Admissions Program (USRAP), including by suspending all USRAP funding, violates federal law and the Constitution. A district court blocked the unlawful freeze, but the Trump administration sought to stay the court’s order. In the Ninth Circuit, CAC filed an amicus brief in opposition to the Trump administration’s emergency motion for a stay. The motion was granted in part and denied in part. Ninth Circuit, filed March 14, decision rendered March 25.
• Cristosal Human Rights v. Marocco – In Cristosal Human Rights v. Marocco, the United States District Court for the District of Columbia is considering whether the Trump administration’s unilateral decision to defund and dismantle the Inter-American Foundation violates federal law and the Constitution. Our amicus brief explains why the funding freeze is unconstitutional. C. District Court, filed March 24.
• Talbott v. Trump — CAC WIN – The D.C. District Court is considering whether President Trump’s executive order categorically barring transgender people from serving in the military is unconstitutional. CAC filed a brief in support of plaintiffs’ motion for a preliminary injunction to stop the order from taking effect, arguing that the ban violates the Constitution’s guarantee of equal protection and that it cannot withstand any standard of judicial scrutiny. The court, citing our brief, granted the injunction. C. District Court, opinion issued March 18.
• Martin v. United States — After a no-knock SWAT raid was wrongly carried out at their home, the Martin family sought redress in the courts, but the Eleventh Circuit held that the officers who raided their home were immune from suit. Our brief explains why Trina Martin’s family should have their day in court. Supreme Court, filed March 14.

• April 8: Praveen Fernandes joined Jacksonville’s Politics & Power program to discuss Donald Trump’s unconstitutional claims that he can serve a third term. “WJXT News, Will Trump follow the Constitution or cause commotion by running for 3^rd term?”
• April 3: CAC joined over 4,000 attorneys and legal organizations signing an open letter urging Attorney General Pam Bondi to defend the American legal system as it faces mounting attacks from the Trump administration. “Thousands of Lawyers Urge Attorney General Bondi to Defend Legal Profession”
• March 31: Margaret Hassell wrote an op-ed for Balls & Strikes explaining how Donald Trump’s attacks on independent agencies echo Elon Musk’s anti-worker strategies. “Balls & Strikes: How Trump’s Attacks On Agency Independence Are Boosting Elon Musk’s Anti-Worker Agenda?”
• March 27: The Boston Globe’s Kimberly Atkins Stohr cited Miriam Becker-Cohen’s reaction to the Supreme Court’s decision in Bondi v. VanDerStok in “Boston Globe: Supreme Court Ghost Busters”
• March 25: Roll Call cited Brianne Gorod in its coverage of Federal Communications Commission v. Consumers’ Research. “Roll Call: Supreme Court to weigh congressional power to delegate”
• March 24: Anna Jessurun reported from the Supreme Court after listening to the arguments in Louisiana v. Callais. “Slate: The Supreme Court Just Put the Voting Rights Act in Its Crosshairs Again”
• March 21: David Gans spoke to the French investigative journalism nonprofit Mediapart, putting Trump’s attacks on the rule of law in historical context. “Mediapart, Donald Trump n’en finit plus de contester l’autorité des juges”
• March 19: Before oral argument at the North Dakota Supreme Court in a challenge to its abortion ban, Nargis Aslami wrote about the North Dakota Constitution’s protection of reproductive freedom. “Grand Forks Herald: The North Dakota Constitution’s protections include reproductive autonomy”
• March 19: Reuters discussed CAC’s brief in its coverage of United States ex rel. Zafirov v. Florida Medical Associates, a case with important implications for whistleblowers. “Reuters: Fight over False Claims Act whistleblower provision heats up on appeal”
• March 19: David Gans spoke to the Christian Science Monitor about Donald Trump’s ban on transgender people in the military. “Debate over transgender rights grows more fraught in new Trump era”
• March 18: CAC’s brief in Martin v. United States was featured in the Institute for Justice’s release about the amici spanning the ideological spectrum that filed in the case. “Institute for Justice: Support From Across the Ideological Spectrum Pours in for Family Seeking Justice at the Supreme Court Over FBI Wrong House Raid”
• March 18: Smita Ghosh was quoted in an HR Dive article summarizing oral argument in the challenges to Trump’s unlawful attempts to fire members of the NLRB and MSPB. “HR Dive: Feds, NLRB’s Wilcox urge quick ruling on reinstatement”

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