Harvard Law & Policy Review

By Daniel Cotter* On October 31, 2019, the House voted along party lines, 232-196, to formalize the impeachment inquiry procedure.  Republicans had insisted that the process must be formalized and that a vote was required before the House could conduct an impeachment inquiry.  That insistence is misplaced and is a myth of the impeachment process that is not supported by the Constitution or by the past impeachment processes of the presidents.                                                    …

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By Daniel Cotter* On October 8, 2019, White House Counsel Pat A. Cipollone wrote an eight-page letter to House Speaker Pelosi, and to Chairmen Engel, Schiff, and Cummings. The letter was described as being without legal basis and wrong.  It is a dangerous letter for many reasons, including that it inaccurately addresses what impeachment is and how the process works. The Constitution includes much on impeachment in Articles I, II, and III.  The original document before amendments contains …

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By Sarah J. Morath* You don’t need to be an elected official, a CEO, or a celebrity like Leonardo DiCaprio to create environmental change. You don’t even need to be an adult.  Sixteen-year-old Greta Thunberg illustrates that individual action by everyday individuals, matters.  What began with a lone school girl sitting on the steps of the Swedish parliament instead of at her desk quickly grew into a movement.  Climate change discussions have resumed and E.U. nations have responded.  Greta’s …

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By Daniel Cotter* The formal impeachment inquiry into allegations of President Trump’s dealings with Ukrainian President Volodymyr Zelensky is ramping up quickly. Much has been discussed about the impeachment process and what happens if Trump is impeached. Article II, Section 4 of the United States Constitution provides for impeachment, stating: The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, …

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By Michael J. Hasday* When the State of California and Planned Parenthood recently sued the Trump Administration over regulations implementing an abortion gag rule,[1] they must have thought they had a good chance before the famously liberal Ninth Circuit Court of Appeals.   But lady luck was not on their side.   Although the majority of judges on the Ninth Circuit were appointed by Democratic presidents, the random draw turned up three Republican-appointed judges for the panel hearing the …

Continue Reading about Divide and Conquer: How the Democrats Can Maintain Control of the Ninth Circuit →