Rachel E. Barkow

3 days ago | cafe.com | Rachel E. Barkow

Last week, the Supreme Court decided one of the most watched cases of the Term, United States v. Skrmetti, which involved a constitutional challenge to Tennessee’s ban on the use of puberty blockers or hormones for transgender minors under the Equal Protection Clause. The six-justice conservative majority on the Court allowed the law to stand, and most press attention focused on the impact of the decision for transgender children and their families.

3 weeks ago | staytuned.substack.com | Rachel E. Barkow

It is exhausting trying to keep up with all the Trump threats to the rule of law. The administration employs a deliberate strategy of trying to break as many norms as possible because they know the media and the public cannot keep up with all of them. It’s Steve Bannon’s flood-the-zone tactic, and a perfect illustration of how it works is Trump’s recent slate of clemency grants. In a normal administration, any number of the clemency grants given last week would have sparked a huge outcry.

3 weeks ago | cafe.com | Rachel E. Barkow

It is exhausting trying to keep up with all the Trump threats to the rule of law. The administration employs a deliberate strategy of trying to break as many norms as possible because they know the media and the public cannot keep up with all of them. It’s Steve Bannon’s flood-the-zone tactic, and a perfect illustration of how it works is Trump’s recent slate of clemency grants. In a normal administration, any number of the clemency grants given last week would have sparked a huge outcry.

1 month ago | thehill.com | Rachel E. Barkow

The Trump administration launched a war against the Constitution and due process when it took the unprecedented step of sending immigrants allegedly present illegally in the United States to a notorious prison in El Salvador — the Center for Terrorism Confinement or CECOT. It has floated the idea of sending others to Libya — a country the State Department warns American citizens not to visit — before being blocked, at least for now, by a federal judge.

1 month ago | yahoo.com | Rachel E. Barkow

The Trump administration launched a war against the Constitution and due process when it took the unprecedented step of sending immigrants allegedly present illegally in the United States to a notorious prison in El Salvador — the Center for Terrorism Confinement or CECOT. It has floated the idea of sending others to Libya — a country the State Department warns American citizens not to visit — before being blocked, at least for now, by a federal judge.