Brianne Gorod
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Articles by Brianne Gorod
RELEASE: CFPB Decision is Victory for Consumers, Backed by Constitutional Text and History
WASHINGTON, DC – Following today’s decision at the Supreme Court in CFPB v.
City of Grants Pass, Oregon v. Johnson
Attempting to get rid of its homeless residents, the City of Grants Pass began punishing them for being in public with as little as a blanket to protect themselves from the elements. Among other things, the city’s ordinances make it illegal to be found on public property with any “material used for bedding purposes.” There is no exception for people who have no shelter.
Lopsided Success for Corporate Interests: The New Normal Under the Supreme Court’s Conservative Supermajority (2022-2023 Term)
Every year, the Supreme Court moves the needle further and further in favor of industry. Next week, the Supreme Court will hear its first arguments of the 2023–2024 term, a term that will present the Justices with a number of opportunities to make significant rulings benefitting corporate interests.
Remember the Whole Constitution
“Every day the [Supreme] Court’s power grab pushes us closer to a crisis, a catastrophic loss of institutional legitimacy.” So Michael Waldman argues in the opening pages of his important new book on the Supreme Court past and present.
10th Annual Home Stretch at the Supreme Court
Details Thursday, April 27, 2023 1:00 pm Virtual Panel Discussion Constitutional Accountability Center The Constitutional Accountability Center’s Home Stretch at the Supreme Court event, moderated by CNN Senior Supreme Court Analyst and Nine Black Robes author Joan Biskupic, will feature Easha Anand, Supreme Court and Appellate Counsel at the MacArthur Justice Center; Tona Boyd, Associate Director-Counsel of the NAACP Legal Defense and Education Fund; David Cole, Legal Director of the...
Tyler v. Hennepin County
After 94-year-old Minnesota resident Geraldine Tyler failed to pay property taxes on her former home in Hennepin County, the County seized the property and sold it at auction for $40,000. Even though Tyler owed only $15,000 in past-due taxes, interest, and costs to the County, pursuant to Minnesota law, the County retained the surplus $25,000 from the sale rather than refunding it to Tyler.
Allstates Refractory Contractors, LLC v. Walsh
Under the Occupational Safety and Health Act, the Secretary of Labor and the Occupational Safety and Health Administration (OSHA) have the power to set workplace safety standards. In 2019, general contractor Allstates Refractory Contractors, LLC was cited by OSHA for violating those safety standards.
BLOG: As Wrong as It is Dangerous: The Fifth Circuit’s Decision Holding the CFPB Funding Structure Unconstitutional
Last week, a three-judge panel of the Fifth Circuit Court of Appeals issued a breathtaking decision that, if allowed to stand, would impair the ability of the Consumer Financial Protection Bureau (CFPB) to carry out its important work combatting financial exploitation. According to the Fifth Circuit, the fact that the Bureau is not funded by periodic appropriations from Congress violates the Constitution.
RELSEASE: Leading Constitutional Scholars Oppose Trump’s Bid for Absolute Immunity in Suits By Capitol Police Officers and Members of Congress Seeking Damages for Injuries from January 6th Attack on the Capitol | Constitutional Accountability Center
WASHINGTON, DC – Earlier today, the Constitutional Accountability Center (CAC) filed in a brief in the U.S. Court of Appeals for the D.C. Circuit in Blassingame v. Trump on behalf of leading constitutional law scholars with expertise in executive immunity and separations of powers principles.
How Far Will the Supreme Court’s Conservatives Go in Dismantling Anthony Kennedy’s Legacy?
Jurisprudence When the Supreme Court issued its decision in Dobbs last June—overruling Roe v. Wade and rolling back the constitutional right to access abortion—one thing was clear: a big part of Justice Anthony Kennedy’s legacy had just been dismantled. And as a new Supreme Court term is about to begin, many other remnants of Kennedy’s jurisprudence are on the chopping block.
National Pork Producers Council v. Ross
In National Pork Producers Council v. Ross, the Supreme Court is considering whether the Commerce Clause prevents states from promoting the health and safety of its citizens, and ensuring that its citizens can purchase meat produced consistent with their values, by requiring meat sold within a state to have been produced in accordance with humane production standards.
RELEASE: ALEX JONES ADMITS LIABILITY FOR STATEMENTS ABOUT BRENNAN GILMORE | Constitutional Accountability Center
Gilmore Litigation “Strikes a Blow Against Conspiracy Theorists and Disinformation Peddlers” CHARLOTTESVILLE, VA – Brennan Gilmore secured an admission of liability in his federal defamation suit against Alex Jones relating to events during and after the 2017 “Unite the Right” rally in Charlottesville, VA. This is possibly the first time that Jones has admitted to liability for defamation in a court filing.
Text and History Demonstrate Cawthorn Can’t Evade Accountability for January 6
On January 6, 2021, a crowd of thousands violently breached the U.S. Capitol in a bid to disrupt congressional certification of the 2020 presidential election results. This unprecedented attack resulted in five deaths, at least 140 assaults, and the most significant destruction of the Capitol complex since the War of 1812.
Opinion | Breyer’s Legacy: Shaping the Law for the Real World
Justice Stephen Breyer, one of the three remaining liberal justices, announced his decision to retire from the Supreme Court. | Chip Somodevilla/Getty Images Brianne Gorod is chief counsel at the Constitutional Accountability Center. Courts matter because people matter. That simple truth has been central to Justice Stephen Breyer’s vision of the Supreme Court — and his vision of what his role should be as a justice.
One U.S. Circuit Court Is Breaking Every Rule in the Book to Push Its Radical Agenda
Jurisprudence The John Minor Wisdom U.S. Court of Appeals Building in New Orleans. Photo via Wiki Commons It’s one thing for conservative judges to reach conservative outcomes. It’s something else entirely for them to ignore the Supreme Court and standard court procedures in order to reach those outcomes. Yet in recent months, that’s exactly what the radical U.S. Court of Appeals for the 5th Circuit—which has jurisdiction over Texas, Louisiana, and Mississippi—has been consistently doing.
Justice Breyer, the optimistic pragmatist
TRIBUTE TO JUSTICE BREYER By Brianne Gorod on Jan 27, 2022 at 10:03 am Justice Breyer announces an opinion from the bench in 2018. (Art Lien) This article is part of a series of tributes on the career of Justice Stephen Breyer. Brianne Gorod is chief counsel at the Constitutional Accountability Center. She clerked for Breyer during the 2008-09 term.
OP-ED: No, Really, the Right to an Abortion Is Supported by the Text and History of the Constitution
For decades, conservative originalists have denounced Roe v. Wade and Planned Parenthood v. Casey—two Supreme Court cases that held that the right to abortion is a fundamental liberty protected by the Fourteenth Amendment—as egregious rulings unmoored from anything in the Constitution. As Justice Antonin Scalia argued in 1989, the protection of unwritten fundamental rights fell outside the judicial function.
Laying Claim to the Constitution: The 2021 Edition
“In CAC’s re-release of Laying Claim, we wanted to add voices to the great scholarship produced by James Ryan in the original.
Is It Finally Curtains for Roe?
Skip Navigation TNR_brand monogram_blackThe New Republic TNR_brand wordmark_black The new Supreme Court term is about to begin, and it promises to be a blockbuster. With cases involving abortion and guns already on the docket, and the possibility that an affirmative action case may be added as well, this term will present the court’s new six-member conservative supermajority with the opportunity to usher in major shifts in the law.
RELEASE: Reaction to DOJ filing in Caniglia v. Strom
WASHINGTON — On the filing of a brief by the U.S. Department of Justice in Caniglia v. Strom earlier this month, Constitutional Accountability Center President Elizabeth Wydra issued the following statement: Constitutional Accountability Center is disappointed with the Department of Justice’s recent filing in Caniglia v. Strom, an important case about the scope of police power that is scheduled for oral argument at the U.S. Supreme Court on March 24.
Biden Should Use Executive Action All He Wants
Don’t listen to the whiners. The founders wanted a strong executive. February 5, 2021 | 5:00 AM Gage Skidmore/Flickr Just weeks into his presidency, it is clear that Joe Biden is willing to use executive action both to reverse the Trump administration’s policies and to implement his own policy goals.
RELEASE: Impeach, Remove, and Bar Donald Trump From Holding Federal Office Again | Constitutional Accountability Center
The House needs to impeach President Trump. The Senate must remove him from power. And the Senate must disqualify him from holding federal office ever again. — CAC President Elizabeth Wydra WASHINGTON – After a week of lawlessness displayed and incited by President Trump, Constitutional Accountability Center President Elizabeth Wydra issued the following reaction: The House needs to impeach President Trump. The Senate must remove him from power.
Lange v. California
In Lange v. California, the Supreme Court is considering whether the Fourth Amendment permits the police, in all cases, to pursue an individual into a private home without a warrant while attempting to make a misdemeanor arrest, or whether specific exigent circumstances are required. Arthur Lange was driving home when a police officer began following him with the intent to conduct a traffic stop, after observing Mr. Lange playing his music loudly and honking his car horn.
The GSA Is Threatening the Stability of Our Democracy
The 2020 presidential election is now behind us, and the American people have selected Joe Biden as their new president. While Biden will not become president until January 20, the work of preparing to be president and ensuring continuity of government begins in earnest now. In the past, the outgoing president and his administration would have assisted in that work, but that is not happening today.
Letter to DHS on Unlawful Appointment of Ken Cuccinelli to Acting Director of USCIS
“Mr. Cuccinelli’s purported appointment to the role of Acting Director of U.S. Citizenship and Immigration Services (“USCIS”) is invalid and illegal under the Constitution and federal law.” On July 30, 2019, Constitutional Accountability Center and Protect Democracy sent a letter to Department of Homeland Security Acting Secretary Kevin McAleenan, explaining why President Trump’s purported appointment of Kenneth T.
“We Do Not Want to be Hunted”: The Right To Be Secure and Our Constitutional Story of Race and Policing
Summary Both Supreme Court doctrine and the scholarly literature on the constitutional constraints on policing generally begin and end with the Fourth Amendment, ignoring the Fourteenth Amendment’s transformative guarantees designed to curtail police abuses and safeguard liberty, personal security, and equality for all regardless of race.
How the Trump Administration is Evading Senate Advice and Consent
Today marks the one-year anniversary of the resignation of Kirstjen Nielsen as Secretary of the Department of Homeland Security (DHS). Yet a year later, President Trump still has not made a nomination to fill this critical position in the federal government.
Commentary: Clyburn committee's oversight could depend on court ruling
The House formally voted Friday to establish a new select committee to be chaired by U.S. Rep. James Clyburn. With responsibility for overseeing the huge relief packages that Congress has passed to try to strengthen the economy as the nation fights the COVID-19 pandemic, this new committee has its work cut out for it.
7th Annual Home Stretch at the Supreme Court
CAC annually hosts its Home Stretch at the Supreme Court event the day after the Supreme Court has concluded oral arguments for the Term, but due to the COVID-19 pandemic, this year’s event will be a virtual event. Moderated by journalist Kimberly Atkins of WBUR, our all-star panel will feature Professor Pamela Karlan from Stanford Law School, Professor Melissa Murray of New York University School of Law, Karen Tumlin of the Justice Action Center, and our own CAC Chief Counsel Brianne Gorod.
It’s Past Time for President Trump to Use the DPA
By Charlie Miller & Brianne Gorod | Constitutional Accountability Center It’s been over two weeks since President Trump declared the COVID-19 pandemic a national emergency, yet he’s still refused to use one of the chief tools in the federal government’s arsenal for addressing national crises.
A.B.-B., et al. v. Morgan, et al.
Challenging an unlawful Trump Administration policy that distorts the asylum process and was approved by Department of Homeland Security officials who are holding their offices illegally. People who arrive at the United States without documentation allowing them to enter the country may be summarily deported, without a hearing, unless they express an intention to apply for asylum or a fear of persecution in their home countries.
Symposium: Mazars and Vance may be political blockbusters, but they aren’t legal ones
Brianne Gorod is chief counsel and Ashwin Phatak is appellate counsel at the Constitutional Accountability Center, which filed an amicus brief in support of the respondents in Trump v. Mazars, as well as an amicus brief on behalf of former Department of Justice officials in support of the respondents in Trump v. Vance. In three weeks, the Supreme Court will hear two oral arguments in cases involving subpoenas for the president’s financial records.
Congressional Oversight in the Midst of Coronavirus
By Becca Damante and Brianne Gorod | Constitutional Accountability Center As the number of domestic cases of coronavirus continues to increase, so too does the evidence that the Trump Administration has gravely mismanaged the early response to this public health crisis.But rather than reflect on how best to address this crisis going forward, the President has instead decided to blame his predecessor for at least some of the problems the nation is currently facing.Fortunately for the American...
Will the Supreme Court enable Donald Trump by slow-walking impeachment cases?
Failure to do so would be a gift to Donald Trump. By Becca Damante and Brianne Gorod Dec 02, 20194:41 PM Chief Justice John Roberts at Belmont University in Nashville, Tennessee, on Feb. 6. Mark Humphrey/AP New York May Have Put Off the Supreme Court’s Second Amendment Revolution. For Now.
Thanks to President Trump, major tests loom for Chief Justice Roberts
With two cases involving efforts to access President Trump’s tax records already at the Supreme Court, and more cases involving congressional oversight likely to be there soon, all eyes are on the court that Chief Justice John Roberts leads. And all eyes may be on the chief justice himself soon if, as seems likely, the House’s ongoing impeachment inquiry turns into a Senate impeachment trial.
Thanks to President Trump, major tests loom for Chief Justice Roberts
With two cases involving efforts to access President TrumpDonald John TrumpFive takeaways from the Democratic debate Sanders, Warren exchange underscores Iowa stakes CNN's Van Jones: Democratic debate was 'dispiriting,' no evidence party can defeat Trump MORE’s tax records already at the Supreme Court, and more cases involving congressional oversight likely to be there soon, all eyes are on the court that Chief Justice John Roberts leads.
Hernández v. Mesa
In Hernández v. Mesa, the Supreme Court is considering whether a U.S. Border Patrol agent can be sued for monetary compensation for fatally shooting a Mexican teenager across the U.S.-Mexico border in violation of the Fourth Amendment’s protection against unreasonable seizures.
High Crimes
Article I In his conduct while President of the United States, Donald Trump, in violation of his constitutional oath to execute faithfully the Office of President of the United States, has abused the office of the presidency by employing the powers of the office to advance his own political interests, rather than the interests of the nation, in that: 1.
The First Magistrate in Foreign Pay
To fully grasp what’s at stake in the impeachment of Donald Trump, it’s important to understand that the nation’s Founders conceived of presidential impeachment as a fundamental safeguard against corruption in office. To the Founders and other influential theorists of republican political philosophy, corruption was the great force that had undermined republics throughout history.
The Need for Congressional Oversight Goes Far Beyond Impeachment
Congress needs the executive branch to comply with its requests, not only to monitor an unruly president, but for the more basic work of writing legislation.
Symposium: The DACA cases may be the next big test for the Roberts Court
Dayna Zolle is Appellate Counsel and Brianne Gorod is Chief Counsel at the Constitutional Accountability Center. Earlier this year, President Donald Trump made news when he suggested, repeatedly, that he views the Supreme Court as an ally, one he can count on to give him a “fair shake” when he thinks that other courts won’t.
Trump math: 1 + 1 + 1 = zero accountability
Earlier this month, Attorney General William BarrWilliam Pelham BarrPapadopoulos on AG's new powers: 'Trump is now on the offense' House Democrats must insist that Robert Mueller testifies publicly Why Mueller may be fighting a public hearing on Capitol Hill MORE testified before the Senate Judiciary Committee about the Mueller report. About two weeks later, President Donald Trump’s personal lawyer Will Consovoy was in federal court arguing about congressional subpoenas.
Trump says “experts are terrible.” Does the Supreme Court agree?
Chief Justice John Roberts and Associate Justices Clarence Thomas and Ruth Bader Ginsburg attend the ceremonial swearing-in of Associate Justice Brett Kavanaugh in the East Room of the White House on Oct. 8. Photo illustration by Slate. Photo by Chip Somodevilla/Getty Images. Alabama’s Extremist Abortion Bill Ruins John Roberts’ Roe Plan War With Iran Wouldn’t Be Like Iraq. It Would Be Worse.
Inherent Authority To Inform Our Democracy
E. Barrett Prettyman Court House. In 1974, D.C. District Court Judge John Sirica ordered that a report prepared by the Watergate grand jury be turned over to the House Judiciary Committee, so they could use it as it decided whether to impeach President Nixon. Forty-five years later, a remarkably similar sequence of events may be about to play out.
How Congress Can Legally See the Entire, Unredacted Mueller Report
The grand jury materials, too. By Brianne Gorod and Ashwin Phatak April 18, 20194:41 PM A heavily redacted page from the Mueller report. Department of Justice/Getty Images Why Documents Like the Mueller Report Get So Heavily Redacted Trump Is Tweeting Game of Thrones Memes Again, to HBO’s Displeasure What Was Up With That Putin-Friendly Platform Change the Trump Team Wanted at the 2016 Convention?
How Congress Can Get Around a New Ruling That Threatens the Release of the Mueller Report
By Brianne Gorod and Ashwin Phatak April 05, 20195:56 PM Attorney General William Barr attends a First Step Act celebration in the East Room of the White House on Monday; special counsel Robert Mueller walks after attending church on March 24 in D.C. Photo illustration by Slate. Photos by Chip Somodevilla/Getty Images and Tasos Katopodis/Getty Images.
Congress Should Sue for the Mueller Materials Today
House Judiciary Committee Chairman Rep. Jerrold Nadler participates in a markup vote on a resolution to issue a subpoena to the Justice Department to receive the full unredacted Mueller report on Wednesday in Washington. Mark Wilson/Getty Images There’s Every Reason Not to Trust William Barr’s Handling of the Russia Probe Does Joe Biden Get It Now?
Congress Has Another Avenue on Mueller’s Investigation
Congress Has Another Avenue on Mueller’s Investigation By Brianne Gorod and Ashwin Phatak | Constitutional Accountability Center Last Friday, Special Counsel Robert Mueller submitted his long-awaited report to Attorney General William Barr. But so far, all Congress and the public have seen is a short memorandum providing Barr’s take on it. Members of Congress have promised to exercise Congress’s subpoena power to get the full report, if necessary, and they should.
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