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BU Today: How did you learn about this case? Jack Beermann: I was reading a scholarly article on the legitimacy of Southern state governments where white supremacists took control by force after Reconstruction. There was a footnote to Hall v. Decuir, indicating that the Supreme Court had prevented Louisiana from enforcing its anti-discrimination law. Since I study civil rights decisions from that period, I was surprised that I had never heard of the decision and was skeptical that the Court would have done that. So I went online and read the case, which confirmed what the author had said abo...

Then there is the so-called “burrowing” of political appointees converted during Trump’s final weeks in office to career civil service positions, making them hard to dismiss. At least two-dozen such employees are in positions, according to Accountable.US. The group cited Mark Brown, who, as the Education Department’s head of Federal Student Aid, came under fire from progressives. Under Brown, the department was sued for continuing to garnish wages from student loan borrowers during the pandemic and improperly seizing $2.2 billion in tax refunds, according to Accountable.Us...

Twitter Facebook “President Trump revealed that he is not mentally sound and is unable to process and accept the results of the 2020 election. [His] willingness to invite violence and social unrest to overturn the election results by force clearly meet this standard.” House Judiciary Committee Democrats penned those words to Vice President Mike Pence Wednesday night, urging him and Donald Trump’s cabinet to sideline the president—making Pence acting president—under the Constitution’s 25th Amendment. They, along with Senate Democratic Leader Charles Schumer and House Speaker...

January 8, 2021 It’s easy to think the mayhem of the US election will end with the departure of Donald Trump, who has been condemned by both sides of the aisle for abusing his office’s clout to sow lies about a “stolen election.” Republican leaders, perhaps most notably, have been quick to lay blame, abruptly reversing months of allegiance to Trump’s cause of overturning state-certified election results. But they had ample opportunity to halt Trump’s corrosive rhetoric. Instead they chose to litigate around the truth, pretending there was a legitimate path to overturning state res...