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.
The Supreme Court Says Sorry, It Just Can’t Help With Political Corruption
By Leah Litman, Assistant Professor of Law, University of Michigan Law School
Leah Litman discusses the Supreme Court’s recent opinion in Kelly v. United States—a case arising from New Jersey officials creating traffic problems in the area represented by a political opponent by blocking bridge lanes—and says the Court’s unanimous decision that such actions are not federal crimes will make it harder to stop governmental corruption.
An Attack on a Fundamental Principle of Justice
By Paul Rosenzweig, Senior Fellow, R Street Institute
Paul Rosenzweig writes that while prosecutorial discretion is normally a good thing, Attorney General Bill Barr’s decision to drop charges against Michael Flynn undermines the rule of law.
The Supreme Court Case That Could Destroy the Balance of Powers
By Quinta Jurecic, Managing Editor, Lawfare
Quinta Jurecic says that the Supreme Court should reject Donald Trump’s claims in Trump v. Mazars and Trump v. Vance that the president cannot be investigated, or risk severely limiting Congress’ ability to investigate and hold presidents accountable.
Not Everyone Is Happy With the Supreme Court’s Live Broadcasts
By Garrett Epps, Professor of Law, University of Baltimore School of Law
Garrett Epps looks at how the Supreme Court’s experiment with live broadcasted-telephonic oral arguments has gone, ultimately finding multiple positives, while noting the concerns of legendary court-watcher and former NCC contributor, Lyle Denniston.
The Great Irony of America’s Armed Anti-Lockdown Protestors
By Firmin DeBrabander, Professor of Philosophy, Maryland Institute College of Art
Firmin DeBrabander argues that the armed protestors in Michigan and elsewhere, who are demonstrating against stay-at-home orders as tyrannical depravations of liberty, fail to recognize the enormous amount of liberty they enjoy to be able to protest as such, which would not be allowed under true tyranny.
The Supreme Court Is Not Going to Fix the Electoral College
By Garrett Epps, Professor of Law, University of Baltimore School of Law
Garrett Epps asserts that, no matter how the Supreme Court rules in the faithless elector cases heard this week, the Court will not fix the broken system of the Electoral College.
The Very Real Problem of Both Trump and Pence Getting COVID-19 at the Same Time
By Brian C. Kalt, Professor of law & The Harold Norris Faculty Scholar, Michigan State University College of Law
Brian C. Kalt contends that if both Donald Trump and Mike Pence were to become incapacitated at the same time due to COVID-19, the country would face a constitutional crisis, and suggests Congress pass a law now to avert the issues of that potential situation.
