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.
By Kristy Parker, Counsel, Protect Democracy
Kristy Parker argues that prosecutors should bring more suits against police misconduct, even if they fail, to send a message to police that misconduct is not acceptable and they will face consequences for engaging in it.
John Roberts May Not Be the Ally Gun-Rights Advocates Hoped For
By Adam Winkler, Professor of Law, UCLA School of Law
Adam Winkler says that the Supreme Court’s decision to not take up any of the pending gun rights cases before it suggests Chief Justice John Roberts is not as pro-gun rights as some hoped.
Congress Is Going to Have to Repeal Qualified Immunity
By Eric Schnurer, Public Works LLC
Eric Schnurer writes that, since the Supreme Court declined to hear cases on qualified immunity—the doctrine that government officials, including police officers, cannot be held liable for actions they did not specifically know violated the law—it will be up to Congress to end it.
The Obscure Supreme Court Decision the Trump Administration Could Use to Gut the First Amendment
By Garrett Epps, Professor of Law, University of Baltimore School of Law
Garrett Epps discusses a footnote to an obscure Supreme Court case in Donald Trump’s recent Executive Order about social media companies and says that it could be nefariously used to greatly enlarge governmental control over speech.
Roberts Wanted Minimal Competence, But Trump Couldn’t Deliver
By Adam Serwer, Staff Writer, The Atlantic
Adam Serwer contends that, had the Trump Administration simply provided a better explanation and gone through the correct rulemaking procedures, it could have prevailed in the recent DACA case—but the Chief Justice would not accept its negligence and lack of fidelity.
