Battle for the Constitution: Week of March 9th, 2020 Roundup

Below is a round-up of the latest from the Battle for the Constitution: a special project on the constitutional debates in American life, in partnership with The Atlantic.

Trump is Counting on the Supreme Court to Save Him

By David Frum, Staff Writer, The Atlantic

David Frum argues that in the upcoming cases of Trump v. Mazars and Trump v. Deutsche Bank, which concern subpoenas of Donald Trump’s tax and business records, the Solicitor General set forth unprecedented and incorrect arguments, and the Supreme Court will face major tests of its impartiality. 

What If the Court Saw Other Rights as Generously as Gun Rights?

By Aaron Tang, Acting Professor of Law, UC Davis School of Law

Aaron Tang compares the gun rights and educational equity movements, noting that both rely upon implied—or unenumerated—rights; but he believes the former is likely to win, while the latter will lose, and asserts that the Court should perhaps be open to recognizing arguments on unenumerated rights from all sides.

The True Danger of the Trump Campaign’s Defamation Lawsuits

By Joshua Geltzer, Executive Director, Institute for Constitutional Advocacy and Protection and Neal Katyal, Former Acting Solicitor General of the United States

Joshua Geltzer and Neal Katyal say that the recent defamation lawsuits by Donald Trump’s campaign against several media outlets for publishing critical opinion pieces are not only clearly wrong, but are a danger to the free press by discouraging news organizations from presenting important material and perspectives.

The Chaos Coming for the U.S. Election

By Adav Noti, Senior Director of Trial Litigation and Chief of Staff, Campaign Legal Center

Adav Noti contends that the outcome of a Supreme Court case about if presidential electors must vote for the candidate who won their state threatens to severely disrupt the 2020 election, and suggests that transparency laws will need to be applied to electors if they can go against the will of the voters and choose whichever candidate they want.