American Constitution Society

This. I’ve advocated for this too … two years ago on the @acslaw.bsky.social constitutional law blog. #RuleOfLaw #ncpol Read it here: www.acslaw.org/expertforum/...

📖 Informative new piece in @boltsmag.org with redistricting expert and ACS friend @mcpli.bsky.social!

Trump Just Released His Plan to Revoke Birthright Citizenship. It’s Worse Than Imagined. Try as it might, the government cannot cover up the horrors with bureaucratic legalese.

The Trump administration has quietly released the first stage of its plan to revoke birthright citizenship from the children of immigrants. It uses dry legalese to conceal the barbaric reality of ICE agents in maternity wards and deportation flights for babies. slate.com/news-and-pol...

Late last night, the Senate failed to faithfully perform its constitutional role as it rushed to confirm Bove rather than fully investigate the allegations of 3 whistleblowers who disclosed serious concerns re Bove's actions during his short time at the DOJ.

The Senate is now voting on Emil Bove.

A federal judge said he was concerned the Trump admin would disregard court rulings.

Now, DOJ is accusing him of misconduct while President Trump moves to confirm Emil Bove — a man credibly accused of ordering DOJ attorneys to ignore the courts. Congress must protect judicial independence.

"DOJ Is Said to Plan to Contact All 50 States on Voting Systems" #ELB Democracy Docket: The U.S. Department of Justice (DOJ) has said it intends to contact all 50 states about their compliance with federal voting law, a national association of state election officials t...

“DOJ Is Said to Plan to Contact All 50 States on Voting Systems” electionlawblog.org?p=151234

Home Page Protect our judicial system

The independent judiciary is under increasing attack.

We encourage our members to attend Thursday's event organized by Speak Up for Justice featuring federal judges about the growing attacks, intimidation, and threats to democracy.

speakupforjustice.law

Opinion | You May Not Be Trump’s Target This Time. But You Could Be Next.

Must-read from Vanita Gupta: "All of this suggests a bigger, more fundamental goal: to shut down debate, cut off services to disfavored communities and dismantle civil society. These actions are unconstitutional, un-American and harm us all."

www.nytimes.com/2025/07/27/o...

We're doing this Friday thing again ⬇️⬇️

Check out our explainer on what an Executive Order *is* and what it *is not*.

Attention Ohio! 📅 Join your progressive legal community August 7 for this event on the threats of an Article V constitutional convention.

And then submit your comment here!

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www.regulations.gov/document/AHR...

Explainer: HHS Notice on Federal Public Benefits Toplines On July 14, the U.S. Department of Health and Human Services (HHS) published a notice in the Federal Register that re-interprets the meaning of “Federal public benefit” in the 1996 welfare la...

Read more about the proposed changes via @nilc.org ⬇️

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YOU have agency to share your thoughts on the HHS proposal to change the meaning of “Federal public benefit” in the 1996 welfare law and restrict eligibility of programs like Head Start and Title X to a narrow set of “qualified immigrants,” leaving out many lawfully residing immigrants. 1/3

Idaho’s Far Right Targets the Judiciary Far-right activists in Idaho are launching a coordinated effort to undermine judicial independence through intimidation, propaganda, and partisan scorecards.

Far Right efforts to undermine faith in the rule of law isn't limited to the national stage. Pay attention to state courts by you! Read about state courts under threat in Idaho, where the judiciary remains one of the few institutions still bound by process, precedent, and constitutional limits.

Important context from @matthewstiegler.bsky.social on the latest out of New Jersey:

Bypassing Habba, Judges in New Jersey Name New Top Federal Prosecutor

U.S. Attorney offices across the country are being led by interim leadership. This is another way the judicial branch can stand up for the rule of law and check executive power.

ACS Virginia: 2025 Summer Social Happy Hour | ACS

📅 Attention Virginia! Join the progressive legal community in Richmond on Wednesday. Register ⬇️

More than 75 former judges urge Senate committee to reject Trump judicial nominee Emil Bove | CNN Politics More than 75 former federal and state judges on Tuesday called on the Senate Judiciary Committee to reject the nomination of Emil Bove, President Donald Trump’s former personal attorney, to a prestigi...

More than 75 former federal and state judges have called on the Senate Judiciary Committee to reject the nomination of Emil Bove, President Donald Trump’s former personal attorney, to a prestigious appeals court judgeship.

Episode 178: 'Irreparable Harm': A Supreme Court Term Review | ACS

For a deep dive on the Court's destructive term, including the many ways in which SCOTUS has sacrificed our rights on the altar of procedure, don't miss the latest episode of Broken Law. (2/2)

Today, SCOTUS effectively blessed the Trump Admin's efforts to dismantle the Dept of Ed in an unsigned, unexplained 6-3 order. The Roberts Court continues to wreak havoc via the shadow docket and embolden the executive branch now that their partisan and policy preferences align. (1/2)

The majority may think: "We're not ruling on the legality of Trump's actions; it's just a stay." Bullshit. With the injunction stayed, Trump and McMahon will be able to effectuate their evisceration of the Department of Education and it will be impossible to put Humpty Dumpty back together.

When the Executive publicly announces its intent to break the law, and then executes on that promise, it is the Judiciary’s duty to check that lawlessness, not expedite it. Two lower courts rose to the occasion, preliminarily enjoining the mass firings while the litigation remains ongoing. Rather than maintain the status quo, however, this Court now intervenes, lifting the injunction and permitting the Government to proceed with dismantling the Department. That decision is indefensible. It hands the Executive the power to repeal statutes by firing all those necessary to carry them out. The majority is either willfully blind to the implications of its ruling or naive, but either way the threat to our Constitution’s separation of powers is grave. Unable to join in this misuse of our emergency docket, I respectfully dissent.

More from Sotomayor's dissent:

"When the Executive publicly announces its intent to
break the law, and then executes on that promise, it is the
Judiciary’s duty to check that lawlessness, not expedite it. ... The majority is either willfully blind to the implications of its ruling or naive."

Please join the @acslaw.bsky.social Chicago Lawyer Chapter and the ACLU of Illinois on July 31 at noon for a Supreme Court term in review roundup featuring a fantastic group of panelists! (CLE credit available for in-person attendees.) Register here: www.acslaw.org/event/acs-ch...

#SCOTUS
#CLE
#ACS

The government has not carried that burden here. This Court previously concluded that members of the PI Class were likely to succeed on the merits of four claims, only two of which the government now challenges based on subsequent changes in law and fact. Whether or not Skrmetti alters the Court's conclusion that the Executive Order and Passport Policy must be reviewed under intermediate scrutiny—an issue on which the Court expresses no opinion—the government has not argued that Skrmetti or any other change in law disturbs the Court's independent conclusion that PI Class members are likely to succeed on their claim that the Executive Order and Passport Policy are based on unconstitutional animus toward transgender Americans. See ECF 127, at 5-10. And although the government contends that it has cured its failure to comply with the procedures required by the PRA, it has not identified any change in law or fact that alters the Court's conclusion that PI Class members are likely to succeed on their independent claim that the Passport Policy is arbitrary and capricious, in violation of the APA. See id. at 11-12. Thus, even if the Court were to agree with the government as to the two challenged claims, its prior conclusions as to the likelihood of success on the other two claims— namely, the animus-based equal protection claim and the arbitrary-and-capricious claim under the APA—would remain unchanged.

BREAKING: Federal judge denies DOJ's request to allow the State Department to enforce Sec. Rubio's anti-trans/anti-nonbinary passport policy.

Judge Kobick previously granted classwide relief blocking the policy. After Skrmetti, DOJ argued that should change the outcome. Kobick said no.

Limiting Legal Remedies for Medicaid Prioritizes Politics over Access to Care | ACS

📖 at the ACS Blog from Nicole Huberfeld @bulaw.bsky.social, examining SCOTUS's decision in Medina v. Planned Parenthood & the ramifications of giving states significant leeway in excluding providers regardless of qualifications. Healthcare quality and access is at risk.

YouTube video by American Constitution Society 'Irreparable Harm': A Supreme Court Term Review

The Supreme Court recently wrapped its 2024–2025 term and the ACS Policy and Program team is here to break down the headline cases, those that may have slipped under your radar or never appeared due to the shadow docket.

Full Episode: www.acslaw.org/podcast/epis...

youtube.com/shorts/dEaYU...

📖 at the ACSBlog from Lauren Bonds at @npapjustice.bsky.social: As ICE raids continue to increase and civil rights violations rise, accountability is essential. SCOTUS gently nudged the Eleventh Circuit to join the rest of the country in allowing victims of ICE abuse to sue. Will it take the hint?

Missed last week's event? Watch the recordings on C-SPAN
📺 The Rule of Law & the Trump Administration: www.c-span.org/program/publ...
📺 Supreme Court Term in Review:
www.c-span.org/program/publ...

@georgetownlaw.bsky.social @acslaw.bsky.social @brennancenter.org @feminist.org @msmagazine.com

They want to rule by fear. We will respond with power, people, and purpose. Be sure to find an event near you on July 17 and join us in continuing the legacy of John Lewis—because #GoodTroubleLivesOn