Henry Louis Gates, Jr., Live at America’s Town Hall

On May 7, host Jeffrey Rosen sat down with Professor Henry Louis Gates, Jr. to celebrate the opening of the National Constitution Center’s new permanent exhibit – ‘Civil War and Reconstruction: The Battle for Freedom and Equality.’ The exhibit is America’s first devoted to exploring how constitutional clashes over slavery set the stage for the… Read More

President Asserts Executive Privilege Over Full Mueller Report

Steven D. Schwinn, John Marshall Law School President Trump today asserted protective executive privilege to prevent the release of the full (unredacted) Mueller report to the House Judiciary Committee. The assertion is only provisional and temporary, however, in order to… Full Story Here Law Professor May 8, 2019 3:29 pm Support Us

House Judiciary Committee Votes to Hold AG Barr in Contempt

Steven D. Schwinn, John Marshall Law School The House Judiciary Committee just voted to hold AG Barr in contempt of Congress for failing to comply with a Committee subpoena and turn over the full (unredacted) Mueller report and related documents…. Full Story Here Law Professor May 8, 2019 3:29 pm Support Us

White House Directs McGahn Not to Turn Over Documents to House Judiciary Committee

Steven D. Schwinn, John Marshall Law School The White House today directed former White House counsel Don McGahn not to turn over documents related to Robert Mueller’s investigation to the House Judiciary Committee. The Committee previously issued a subpoena to… Full Story Here Law Professor May 7, 2019 3:30 pm Support Us

Ninth Circuit Rebuffs Challenge to CFPB

Steven D. Schwinn, John Marshall Law School The Ninth Circuit ruled in CFPB v. Seila Law LLC that the Consumer Financial Protection Bureau–with its single head, removable only for cause–did not violate the separation of powers. The case aligns with… Full Story Here Law Professor May 7, 2019 7:29 am Support Us

Treasury Declines to Turn Over Trump’s Taxes to House

Steven D. Schwinn, John Marshall Law School Treasury Secretary Steven Mnuchin today wrote to House Ways and Means Committee Chair Richard Neal that the Treasury Department would not turn over President Trump’s 2013-2018 taxes, as earlier requested by Neal. Mnuchin… Full Story Here Law Professor May 6, 2019 11:28 pm Support Us

Trump Administration Rule Providing "Conscience Protections" for Health-Care Providers

Here’s the Trump Administration’s new rule, rolled out in its final version last week, providing religious "conscience protections" for health-care providers who, because of their religious beliefs, decline to provide abortion-related services and training, sterilization, and assisted-suicide related services, among… Full Story Here Law Professor May 6, 2019 11:28 pm Support Us

Trump Administration Strikes at Affordable Care Act in its Entirety

Steven D. Schwinn, John Marshall Law School The Trump Administration reversed its earlier position and argued before the Fifth Circuit last week that the entire Affordable Care Act must fall. According to the administration, that’s because (1) the individual mandate… Full Story Here Law Professor May 6, 2019 3:29 pm Support Us

District Judge Rejects Trump’s Motion to Dismiss Foreign Emoluments Case

Steven D. Schwinn, John Marshall Law School Judge Emmett G. Sullivan (D.D.C.) ruled last week that congressional members’ case against President Trump for violations of the Foreign Emoluments Clause can go forward. The ruling rejects the president’s motion to dismiss,… Full Story Here Law Professor May 6, 2019 3:29 pm Support Us

Administration Continues to Thwart Attempts at Congressional Oversight

Trump Administration officials continue to thwart efforts at congressional oversight, citing separation-of-powers and congressional authority, among others, as the basis for refusing to comply with requests for testimony and documents. The particular reasons for declining to comply vary depending on… Full Story Here Law Professor May 2, 2019 3:30 pm Support Us

Federal Judge Enjoins Texas anti-BDS Statute as Violative of First Amendment

Professor Ruthann Robson, City University of New York (CUNY) School of Law In an opinion in Amawi v. Pflugerville Independent School District, United States District Judge for the Western District of Texas, Judge Robert Pittman, issued a temporary injunction against… Full Story Here Law Professor April 26, 2019 3:30 pm Support Us

Call for Proposals: Loyola Chicago Health Law Symposium

The Beazley Institute for Health Law and Policy at Loyola University Chicago School of Law and the Annals of Health Law & Life Sciences invite original submissions for presentations at the Thirteenth Annual Health Law Symposium: Addressing the Health Care… Full Story Here Law Professor April 25, 2019 3:29 pm Support Us

White House Declines to Make Miller Available for Congressional Testimony

Steven D. Schwinn, John Marshall Law School The White House today declined to make Steve Miller available to the House Committee on Oversight and Reform for testimony about the President’s immigration priorities. This is just the latest chapter in White… Full Story Here Law Professor April 25, 2019 3:29 pm Support Us

House Moves for Injunction to Halt Trump’s Reallocation of Funds for Border Wall

Steven D. Schwinn, John Marshall Law School The House of Representatives yesterday applied for a preliminary injunction to halt President Trump’s reallocation of appropriated funds to build a border wall. The application notes that Congress, not the president, has the… Full Story Here Law Professor April 24, 2019 3:29 pm Support Us

SCOTUS Hears Oral Argument on Census Citizenship Question

Professor Ruthann Robson, City University of New York (CUNY) School of Law The United States Supreme Court heard oral arguments in Department of Commerce v. New York on the issue of whether the decision by Secretary of Commerce Wilbur Ross… Full Story Here Law Professor April 23, 2019 3:30 pm Support Us

Trump Sues to Block Congressional Subpoena for Financial Records

Steven D. Schwinn, John Marshall Law School President Trump filed suit today to block a House committee subpoena to Trump’s accountant, Mazars USA, LLP, for Trump’s financial records. The move is a response to House Oversight and Reform Committee Chair… Full Story Here Law Professor April 22, 2019 3:29 pm Support Us

Ninth Circuit Rebuffs Government’s Challenge to California’s Sanctuary Laws

Steven D. Schwinn, John Marshall Law School The Ninth Circuit ruled yesterday that the federal government was unlikely to succeed in its challenge to certain California "sanctuary" laws that protect undocumented immigrants from federal immigration enforcement. The ruling denies the… Full Story Here Law Professor April 19, 2019 3:29 pm Support Us

Mueller Affirms that President is Not Above the Law, Even for Official Actions

Steven D. Schwinn, John Marshall Law School Among its many findings and conclusions, Special Counsel Robert Mueller’s report concluded that the Constitution does not prohibit the application of federal obstruction-of-justice laws to the president, even when the president is executing… Full Story Here Law Professor April 18, 2019 11:28 pm Support Us

Trump Vetos WPA Resolution on Yemen

Steven D. Schwinn, John Marshall Law School As expected, President Trump yesterday vetoed Congress’s War Powers Act resolution calling for the removal of U.S. armed forces from hostilities in Yemen that haven’t been authorized by Congress. We posted here, with… Full Story Here Law Professor April 17, 2019 3:29 pm Support Us

Fourth Circuit Rebuffs Rastafarian-Prisoner’s Claim for Communal Feasts

Steven D. Schwinn, John Marshall Law School The Fourth Circuit ruled today that a Rastafarian prisoner in North Carolina couldn’t show that prison officials denied his religious-exercise rights when they rejected his request to celebrate Rastafarian holy days through communal… Full Story Here Law Professor April 17, 2019 3:29 pm Support Us

Fourth Circuit Rebuffs Rastafarian-Prisoner’s Claim for Communal Feasts

Steven D. Schwinn, John Marshall Law School The Fourth Circuit ruled today that a Rastafarian prisoner in North Carolina couldn’t show that prison officials denied his religious-exercise rights when they rejected his request to celebrate Rastafarian holy days through communal… Full Story Here Law Professor April 17, 2019 3:29 pm Support Us

Daily Read: Crawford and Simon on Due Process and Tax at SCOTUS

The United States Supreme Court heard oral arguments in North Carolina Dept of Revenue v. Kimberley Rice Kaestner 1992 Family Trust posing the question of whether a state’s taxation of a trust based solely on the residence of a beneficiary… Full Story Here Law Professor April 16, 2019 3:29 pm Support Us

Daily Read: Mueller Report and Redactions

As many wait for the Mueller Report now promised for Thursday, questions regarding the redactions mount. Two articles are worth a read. Jenessa Calvo-Friedman, writing from the ACLU perspective, argues that The American Public Deserves to See the Mueller Report… Full Story Here Law Professor April 15, 2019 11:29 pm Support Us

SCOTUS Hears Oral Argument on Scandalous or Immoral Trademarks

Professor Ruthann Robson, City University of New York (CUNY) School of Law The United States Supreme Court hear oral arguments in Iancu v. Brunetti, a First Amendment facial challenge to Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a),… Full Story Here Law Professor April 15, 2019 3:29 pm Support Us

Daily Read: Federal Judge Carlton Reeves on Attacks on the Judiciary

United States District Judge for the Southern District of Mississippi Carlton Reeves in a speech at the University of Virginia School of Law addressed the critiques of the judiciary and the lack of diversity in judicial appointments. Judge Reeves recounts… Full Story Here Law Professor April 13, 2019 11:28 pm Support Us