//  6/21/17  //  Latest Developments

Originally published in the Lincoln Journal Star 

I recently wrote an open letter to Senator Ben Sasse regarding the American Health Care Act.  

You can read the full letter here.

I conclude:

Our republic relies on an informed citizenry that communicates with and watches over those who exercise power. People who care about responsible citizenship -- as you do -- often point out the dangers of an underinformed public, one that lets officials escape the accountability that is supposed to keep them honest. It’s hard to see how the public can play its role if officials deliberately keep us in the dark.

Deliberately keeping the public ignorant of the legislative process does not show respect for the American people. Or for democracy itself. You know that, too.

So I am writing to you, senator, because so much that you have said indicates that you will stand up for decent behavior in politics and work against the excessive partisanship that harms our constitutional system.

You have a choice. Either you can be the wise, mature citizen-legislator whose admirable values you articulate so well, or you can stay quiet while Senate leadership engages in this breathtaking undermining of democratic values. You can’t do both.

You are entitled to dislike the Affordable Care Act and to vote for its repeal. That’s democracy, too. But if you go along quietly as the Senate majority adopts controversial legislation without even giving the public time to read and react to the bill, your admirable high-road discourse will become considerably less credible.

That would be so disappointing.

I think you're a good man, senator. The choice is yours, and I hope you make it well.


Versus Trump: Can You Hear The Whistle Blowing?

9/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss the legal stakes of the fight over what Trump said to the President of Ukraine and the related whistleblower complaint. A lot happened between when they recorded the episode and when it's being posted, but we still think it's a useful primer on the legal questions in this dispute. Listen now!

Charlie Gerstein

Civil Rights Corps

The House Ways and Means Committee Has Standing to Seek Trump's Tax Returns

9/23/19  //  In-Depth Analysis

If the House Ways and Means Committee lacked Article III standing, then the House’s subpoena power would be gutted, and the Executive Branch could defy valid congressional process with impunity

Laurence H. Tribe

Harvard Law School

SCOTUS Needs to Rein in Lower Courts Willing to Force Its Hand by Defying Its Precedent

9/19/19  //  In-Depth Analysis

By David Strauss: Ideological lower court judges have challenged the Supreme Court by defying its precedent. There is one way for the Court to keep from being put in this position time and again. It should summarily reverse, making clear that only the Court will decide when its own precedent is no longer good law.

Take Care