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3 weeks ago | 
washingtonmonthly.com | Garrett Epps
At the very outset of oral argument in Trump v. CASA, the “birthright citizenship” case, Justice Sonia Sotomayor proposed a hypothetical aimed at scaring conservatives. What if the president were to proclaim a new interpretation of the Second Amendment, and add that the military would confiscate all firearms held by private citizens?
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1 month ago | 
washingtonmonthly.com | Garrett Epps
I recently wrote that the Supreme Court likes to decide seemingly consequential constitutional cases by finding problems with the court in which they were brought, the kind of claim they represent, the kind of order the plaintiffs are seeking, or some other mechanism for ducking the constitutional issue. It’s a defensible ploy, as some who study the court argue. The power of judicial review is so potentially divisive that it should be used only when necessary.
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1 month ago | 
washingtonmonthly.com | Garrett Epps
Law professors earn their pay by brain-teasing their students, supposedly for the pupils’ benefit.
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2 months ago | 
washingtonmonthly.com | Anne Kim |Garrett Epps
Washington Monthly Ep. 16: A citizen's guide to resisting Trump w/ Timothy Noah 00:00 / Apple Podcasts Spotify YouTube Subscribe: Apple Podcasts | Spotify | YouTube There’s plenty that ordinary citizens can do to push back on the Trump regime. They can protest, they can support legal action, they can lobby elected officials, and, above all, they can stay informed. Co-hosts Anne Kim and Garrett Epps speak with journalist Timothy Noah about his recent piece for TNR on the tactics of successful...
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2 months ago | 
washingtonmonthly.com | Garrett Epps
One of the mysteries of American life is why lawyers make so much money. My brother Gus, a veteran bankruptcy warrior, once told me it was because, as a class, we are willing to be so much more bored than most people. That explanation has a lot to say for itself. Lawyers spend many hours (billable, to be sure) poring over incomprehensibly verbose jargon printed in indecipherably tiny text.
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2 months ago | 
washingtonmonthly.com | Garrett Epps
Teaching Constitutional Law in the Pacific Northwest over three decades, I made the acquaintance of many buckaroos who would wander down from the hills and explain to me that the Fourteenth Amendment isn’t a real Amendment; that Federal Reserve notes aren’t real money; and that federal courts aren’t real courts (because in most courtrooms there’s a fringe on the American flag).
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2 months ago | 
flipboard.com | Garrett Epps
11 hours agoDOGE Reverses Move That Made Its Claims Nearly Impossible to CheckElon Musk’s Department of Government Efficiency on Tuesday reversed a change that had made some of its claims far more difficult to fact-check.
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Feb 26, 2025 | 
washingtonmonthly.com | Anne Kim |Garrett Epps
Washington Monthly Ep. 10: Trump takes a wrecking ball to separation of powers 00:00 / Apple Podcasts Spotify YouTube Subscribe: Apple Podcasts | Spotify | YouTube Anne Kim and Garrett Epps discuss the foundational concepts of U.S. democracy, focusing on the separation of powers and the emerging threat of the “unitary executive” theory. They also discuss the implications of Trump’s power grab, including threats to public health, safety and the rule of law. Below is a transcript lightly edited...
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Feb 19, 2025 | 
washingtonmonthly.com | Anne Kim |Garrett Epps
Washington Monthly Ep. 9: Protecting Voters' Rights in the Era of Trump 00:00 / Apple Podcasts Spotify YouTube Subscribe: Apple Podcasts | Spotify | YouTube President Donald Trump has promised drastic changes to election laws, such as requiring proof of citizenship and paper ballots, that could disenfranchise thousands, if not millions, of voters. How serious are these threats? Co-hosts Anne Kim and Garrett Epps speak with Joshua A. Douglas, a law professor at the University of Kentucky J....
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Feb 14, 2025 | 
washingtonmonthly.com | Anne Kim |Garrett Epps
Washington Monthly Ep. 8 - Trump's War on Federal Workers w/ Don Kettl 00:00 / Apple Podcasts Spotify YouTube Subscribe: Apple Podcasts | Spotify | YouTube Federal workers are the latest target of Donald Trump, who vowed in his campaign to shrink the size of government and purge anyone he perceives to be disloyal. Can the civil service be saved? Co-hosts Anne Kim and Garrett Epp speak with Donald F. Kettl, former dean of the University of Maryland School of Public Policy and an expert on...
