Constitutional Law

Professor Elizabeth Joh is co-hosting a podcast, “What Trump Can Teach Us about Con Law,” that quickly shot to the top of the iTunes charts. Produced by Professor Joh with Roman Mars, host and creator of the independently produced podcast “99% Invisible,” the podcast aims to “take the extreme actions of the President of the United States and channel that chaos into learning our Constitution like we never have before.”

One of the vexing legal questions raised by President Trump's original and revised executive orders concerning entry into the United States by nationals of several Middle Eastern and African countries is whether and how courts ought to take into account the subjective motives behind the executive order, whether or not these motives are reflected in the text of the orders themselves.

King Hall faculty continue to make many media appearances and write opinion articles following the election of Donald Trump as President. Hot topics range from immigration and the environment to human rights and treason.

Here are recent op-eds by two of our Constitutional Law faculty.

"Congressional Caution Is Needed" by Alan Brownstein in U.S. News & World Report

A little over a week ago, an equally divided Supreme Court left intact a lower court injunction barring the implementation of a major immigration initiative of the Obama administration. The program and litigation had proven to be controversial.

King Hall hosted an outstanding panel discussion yesterday on the Supreme Court nomination process, nominee Hon. Merrick Garland, and the jurisprudence of the late Justice Antonin Scalia.

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Following the untimely passing of Associate Justice Antonin Scalia, the nation is engaged in a vigorous debate over whether the Republican-controlled Senate should confirm President Obama's nominee to replace Justice Scalia on the Supreme Court (President Obama has made it quite clear that he intends to nominate a successor).  Senators (and presidential candidates) Ted Cruz and Marco Rubio have both argued strongly against even voting on a replacement nominated by President Obama, leaving the decision for the next President.

The debate about Ted Cruz's eligiblility to the presidency, whether he is a natural born citizen (NBC), shows no sign of abatement or conclusive resolution. Eric Posner, Einer Elhauge,

Appointed to the U.S. Supreme Court by President Ronald Reagan in 1986, Justice Antonin Scalia was often described as the intellectual anchor of the court's conservative wing. After his death, many commentators are reviewing his body of work, notably his interpretations of the Constitution, as well as his acerbic attacks on his colleagues' opinions and angry dissents, such as in the gay marriage cases.

The editors of the UC Davis Law Review just sent this message to the law faculty. The new issue looks outstanding. Congratulations to the UC Davis Law Review!

Dear King Hall Faculty,

The Supreme Court's protection of corporate political expenditures in Citizens United v. FEC and corporate religious exercise in Burwell v. Hobby Lobby has rekindled perennial fears about the influence of corporations in U.S. politics and policy. One popular response has been to argue for stripping corporations of constitutional rights.