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Articles & Commentary

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.

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.

May 8, 2017

In the Trump era -- with a Senate confirmation process now subject to a simple majority vote, thanks to McConnell and Senate Republicans -- it is impossible to imagine any stronger or more able steward of Justice Kennedy's legacy than Kennedy himself. Despite all the pressure and pointed rumors of his retirement, he surely realizes this.

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.

April 14, 2017

The Constitution’s promise of religious freedom is neither an accident of history nor a footnote. Trump’s anti-Muslim travel and refugee ban defies this founding wisdom.

April 5, 2017

If confirmed, would a Justice Gorsuch be yet another reliable vote for corporate interests at the Supreme Court? Americans have cause to wonder. After all, that's clearly what the business community is expecting.

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?

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