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With Denial of Cert in Apache Stronghold, Substantial Burden Analysis Remains Confused
Yesterday, the Supreme Court denied a petition for certiorari in Apache Stronghold v. United States....
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Can the President Revoke Harvard’s Tax-Exempt Status?
For decades, most U.S. colleges and universities have been largely tax exempt. Yet President Trump...
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That These Dead Shall Not Have Died in Vain
It’s difficult for me to think of Memorial Day without Abraham Lincoln coming to mind....
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Libby v. Fecteau: Supreme Court Blocks Maine House of Representatives from Punishing Members for Their Speech
Maine State Representative Laurel Libby made a Facebook post identifying a transgender athlete who had won...
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The Future of Class Actions after Oral Argument in Trump v. CASA
Many people have asked me in the days after the Supreme Court argument in the...
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Keeping Cops Accountable: Supreme Court Issues Decision in Barnes v. Felix
For far too long, the idea that state actors who violate our rights should be...
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Do Compelled Biometrics Violate the Fifth Amendment? A Deepening Split Among Lower Courts
Chief Justice Roberts remarked in 2014 that modern cell phones are “such a pervasive and...
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Does the Trump Administration Have “Good Cause” to Skip Notice and Comment?
If we were purists, federal agencies would scarcely make rules at all. The Founders did...
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Beware the Ides of May: Universal Injunctions in the Trump v. CASA Oral Argument
What does the Citizenship Clause mean? “All persons born or naturalized in the United States,...
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State Secrets Privilege: The Government’s Common Law National Security Privilege
Throughout American history, the federal government has argued that certain information should remain classified to...