Latest in Constitutional Law
Trump’s challenge to the Mar-a-Lago search is based largely on Fourth Amendment claims. Those claims are unusual, interesting, ultimately meritless, and likely driven by strategic interests having little to do with constitutional law.
Democrats in Congress should not let their overlooking of existing federal-court authority, or their displeasure with the result in Bush v. Gore, impede the current effort at bipartisan ECA reform.
Pre-pandemic precedents provide important—but incomplete—guidance to courts as they grapple with challenges to a rapidly rising wave of coronavirus vaccination mandates.
The Presidential Succession Act is a disaster waiting to happen.
In speeches sounding the alarm about “toxic” precedent, Sen. Mitch McConnell has set forth a questionable view of the law of impeachment with serious implications for the future of this constitutional remedy.
Much has been written about the Trump administration’s broad understanding of the scope of executi
Laurence Tribe has proposed a novel argument to assert that a sitting president can be indicted. Because I feel so strongly otherwise, and because I have such regard for Professor Tribe, I want to reply to his claims.
Talk of constitutional hardball is in the air.