Contributors

Take Care

Article II, Section 3 of the U.S. Constitution commands that the President “shall take Care that the Laws be faithfully executed.” Take Care is devoted to insightful, accessible, and timely legal analysis of the President’s adherence to that duty. We undertake this mission in direct response to recent assaults on the rule of law in America by President Donald J. Trump and his Administration.

The Take Care Clause both empowers and restrains the President. It assigns him a privileged role in interpreting and enforcing federal law. But in the same breath, it marks the outer limits of his authority, instructs him to exercise that power faithfully, and binds him to the fundamental premises of our constitutional democracy.

As Justice Robert Jackson taught, the Take Care Clause thus signifies “that ours is a government of laws, not of men, and that we submit ourselves to rulers only if under rules.”

In this spirit, Take Care addresses a wide range of legal questions arising under President Trump. Some of our posts offer focused analysis of particular Trump Administration policies, statements, conduct, or legal positions. Other posts provide broader reflections on whether the President and his Administration are acting in accordance with the rules and values of our constitutional order.

In addition, we have created—and will continue to create—resources useful to lawyers, journalists, policymakers, scholars, and citizens. To start, we offer a daily update, which pulls together legal analyses of the Trump Administration from around the web. We also host ever-growing topic pages, which organize our own commentary and contain archives of other relevant legal analyses. We are hard at work on other exciting projects, which we will unveil in the coming months.

Take Care is a platform for incisive legal analysis of a wide range of issues. Several of us edit posts, though without regard to whether we ultimately agree with them. As we explain here, each contributor speaks only for himself or herself. Whether we agree or disagree with each other on any particular question, though, we stand united in our desire to protect and defend the rule of law in America.

Ultimately, we seek to educate the public about significant legal questions in the Age of Trump. In these extraordinary times, we must all play our part in ensuring the President “shall take Care that the Laws be faithfully executed.”

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'Violation eludes vindication': Left/Right Alliance Urges Supreme Court to Reform Police Immunity

7/11/19  //  Uncategorized

Qualified immunity subverts the rule of law, and has decimated the ability to vindicate our constitutional rights when government actors overstep. It is time for the Court to reconsider this rule and enable all of us to stand up for the Constitution.

Take Care

There Goes Title X: Title X is Contraception, Folks

6/22/19  //  Commentary

By Priscilla J. Smith: Conservatives are hiding behind the abortion debate to attack contraceptive access and getting away with it

Take Care

My Speech at Harvard Law School’s 2019 Class Day

6/12/19  //  Latest Developments

By Roberta Kaplan: Becoming a great lawyer requires that you be courageous, press boundaries wherever you are, and insist that things can always change for the better, especially now.

Take Care

The Supreme Court’s Pretext Predicament in the Age of Trump

6/5/19  //  Commentary

By Joel Dodge: The Supreme Court must make a choice: either accept false justifications peddled by government lawyers, or insist upon getting the truth

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Reproductive Justice Symposium

5/24/19  //  In-Depth Analysis

Take Care has hosted a symposium on "Reproductive Rights and Justice Stories"—an important new book edited by Melissa Murray, Katherine Shaw, and Reva B. Siegel

Take Care

Fiscal Hardball: House Democrats Need to Use Their Appropriation Authority to Reign in the Out-of-Control GOP

5/13/19  //  Commentary

By Eric J. Segall: The Democrats in Congress hold the power of the power of the pursue and they should use it to address norm breaking behavior by President Trump (and his GOP allies)

Take Care