Author Archive

Garrett Epps

Garrett Epps is a contributing writer for The Atlantic. He teaches constitutional law and creative writing for law students at the University of Baltimore. His latest book is American Justice 2014: Nine Clashing Visions on the Supreme Court.
Garrett Epps is a contributing writer for The Atlantic. He teaches constitutional law and creative writing for law students at the University of Baltimore. His latest book is American Justice 2014: Nine Clashing Visions on the Supreme Court.
Management

Analysis: Can Trump Pardon Himself?

He can certainly try it—but that doesn’t mean he’d succeed.

Management

Analysis: Brett Kavanaugh Is Devoted to the Presidency

Trump’s nominee for the Supreme Court has been deeply shaped by the needs and mores of the executive branch.

Oversight

No One Knows If a President Can Be Indicted

Scholars disagree on existing precedents—and the question won’t be settled until evidence leads a prosecutor to try it.

Management

The Supreme Court Appears Poised to Bless Trump’s Travel Ban

After oral argument, the third iteration of the president’s order targeting several Muslim-majority countries seems likely to stand.

Oversight

Supreme Court Justices Face a Historic Choice Regarding Presidential Power

Court asked parties in case against President Trump's travel ban to brief the justices on a legal issue not considered originally.

Oversight

Can Government Officials Have You Arrested for Speaking to Them?

The Supreme Court faces a test of the authority of politicians to use police to silence their critics.

Featured eBooks
Defense

How Trump's Transgender Ban Compromises His Military Authority

The president’s commander-in-chief powers are almost sacrosanct. But a lawsuit filed by trans service members has a shot at blocking the hastily announced order.

Management

Trump's Travel Ban Is Headed for a Supreme Court Showdown

Will the justices, many of whom worked in the executive branch, hold the president’s words against him?

Management

With the Travel Ban, Federal Courts Face a New Legal Issue

Should judges consider a president’s statements when attempting to understand the meaning of an executive order?

Management

Why Customs and Border Protection's ID Search of a Domestic Flight Is on Weak Legal Ground

Agents boarded an incoming flight from San Francisco and asked for—or demanded––ID from every passenger.

Management

Is the Southern Border a Constitution-Free Zone?

The Supreme Court considers a case involving a youth on the Mexican side of the border killed by an American border patrol agent on the U.S. side.

Oversight

Will the Courts Find Trump's Travel Ban Unconstitutional?

The outcome of the battle over Trump’s travel ban focused on seven mostly Muslim nations is hard to predict.

Management

Two Cases Could Limit or Enhance Trump's Ability to Engage in Mass Deportations

The Supreme Court will examine two cases that could tell us how the conservative justices feel about the president-elect’s plan for mass deportations.

Featured eBooks
Management

Testing Federal Power Over Immigration

An upcoming birthright citizenship case at the Supreme Court could give some insight as to whether Donald Trump’s proposed ban on immigration could pass Constitutional muster.

Management

The Nerd’s Dream Guide to the U.S. Constitution

More citizens should follow Khizr Khan’s example by reading the document and knowing what the words mean.

Management

Is Trump Guilty of Inciting Violence Against Clinton?

Trump’s comments don’t appear to have broken any laws, but assaulted the very concept of free speech.

Defense

The Smith v. Obama Case Asks the Courts' Opinion on the War Against ISIS

A new lawsuit wrongly asks the U.S. judicial branch to weigh in on the military action against ISIS.

Management

'Deferred Action' for Immigrants Goes to the Supreme Court

Texas challenges the president’s executive order on immigration at the highest court.

Management

The U.S. Supreme Court and American Empire

The U.S. Supreme Court struggles to stretch a Constitution written for 13 coastal states to encompass non-contiguous states, dependent nations, insular areas, and a commonwealth.