//  1/7/19  //  Latest Developments

Take Care has been pleased to present a series of posts offering thoughts on how Congress might address key issues in antitrust law.

How to Fix America's Monopoly Problem

Lina Khan | Four key steps to creating an antitrust regime that redresses the current market power crisis and prevents its recurrence

Antitrust Ideas: Bring Back Investigations

Ganesh Sitaraman | In the early 20th century, the FTC investigated whole sectors of the economy to identify abuses of power. It should do so again.

Cooperation for the 99%

Sandeep Vaheesan | The FTC and DOJ have welcomed corporate consolidation and monopolization, but targeted workers and small proprietors who organize

Principles for Antitrust Legislation in the 116th Congress

Marshall Steinbaum | It’s time for Congress to re-take control over antitrust and stop letting right-wing judges and cowed enforcers set the agenda

The U.S. Needs Conglomerate Merger Legislation

Robert H. Lande | To preserve competitive markets, Congress should block mergers between our largest companies.

Antitrust/Pro-Worker

Charlotte Garden | Organized labor plays a vital role in balancing corporate power—but antitrust law has historically inhibited workers’ collective action. That must change.

Welcome Back to the Fight

Waller Spencer | In reforming antitrust law, Congress must focus on the big picture, not the minutiae. Here's how it can do so.

 


The Affordable Care Act Does Not Have An Inseverability Clause

11/5/20  //  In-Depth Analysis

Contrary to challengers’ claim, Congress nowhere directed the Supreme Court to strike down the entire ACA if the individual mandate is invalidated. Congress knows how to write an inseverability directive, and didn’t do it here. That, combined with Congress’s clear actions leaving the ACA intact and the settled, strong presumption in favor of severability, make this an easy case for a Court that is proud of its textualism.

Abbe R. Gluck

Yale Law School

The Fight for Contraceptive Coverage Rages in the Time of COVID-19

5/6/20  //  Commentary

Even the Supreme Court has been required to take unprecedented steps by closing the building, postponing argument dates, and converting to telephonic hearings. Those impacts should be reflected in all aspects of the Court’s work, including the decisions it renders for the remainder of this term.

Take Care

Are There Five Textualists on the Supreme Court? If So, They’ll Rule for Transgender Workers.

5/6/20  //  Commentary

The Title VII cases before the Court present a fundamental question: are there really five textualists on the Court? We’ll find out soon.

Take Care