Constitutional Opinions
by | Nov 6, 2019

The most frequently quoted one-liner about impeachment is Gerald Ford’s: “An impeachable offense is whatever a majority of the House of Representatives considers [it] to be at a given moment in history.” Former President Ford was a honorable man who…

by | Oct 28, 2019

My Yale Law School colleague Bruce Ackerman has proposed a theory of constitutional change that he calls “constitutional moments.” The idea was spelled out in a series of lectures, later published in the Yale Law Journal and in Ackerman’s multi-volume history…

by | Aug 9, 2019

One way of thinking about the job of an agency Inspector General (IG) is to see it as scraping barnacles from the agency’s hull and warning it about legal shoals. If an IG does that, the agency will do its…

by | Jul 30, 2019

In Rucho v. Common Cause, the Supreme Court held that political gerrymandering claims do not belong in federal court. That’s great, as far as it goes. The lower federal courts had proven increasingly more creative in attempting to banish political…

by | Jul 23, 2019

On July 10, the Fourth Circuit Court of Appeals concluded that the District of Columbia and Maryland could not bring Emoluments Clauses claims against President Trump because they hadn’t suffered an injury sufficiently actual and immediate as to give them…

by | Jul 12, 2019

Know your role. This prescription pervades the basketball world. Adhering to it requires an honest assessment of one’s own abilities and their in relationship to one’s teammates’. Do you contribute best as a scorer, facilitator, or defender? Does your skill…

by | Jul 3, 2019

For trial lawyers, Big Pharma, and assorted other profiteers off American misery, the Supreme Court case Alice Corp. v. CLS Bank is like holy water thrown in the face of a vampire. They cannot abide exposure to it and will shrink…

by | Jun 12, 2019

Jack Phillips, owner of Masterpiece Cakeshop, faces yet another lawsuit for alleged discrimination against the LGBT community. The Colorado baker refrains from baking cakes that violate his Christian convictions, and this time, he spurned a transgendered person. This time around…

by | Apr 15, 2019

When Chief Justice John Roberts pompously admonished President Trump last year, making the preposterous claim that we “do not have Obama or Trump judges,” Carlton W. Reeves evidently failed to get the memo. This Obama appointee to the United States…

by | Mar 31, 2019

The Trump administration is transforming the courts. So far the president has made two Supreme Court appointments and won confirmation of another 30 judges to the 13 circuit courts, which are the final arbiters in most federal cases. After Democratic…

o
Sign Up to receive Our Latest Updates! Register