2/25/21  //  Commentary

Our Constitution establishes an inclusive multiracial democracy based on the equal worth and dignity of all Americans. Denying the people of Washington, D.C. a voice or representation in Congress does violence to these fundamental constitutional principles.

1/23/21  //  Commentary

Well, this is it for Versus Trump, folks. Trump ain't President anymore! He doesn't even have a twitter account. What a way to end. Charlie and Jason bring back Easha to discuss the short and long term impact of January insurrection. They then reflect on the big picture. After all, we've been podcasting about legal cases involving Trump for almost four years. What in the world happened? Listen now!

1/11/21  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the madness of last week and what might happen next for impeachment, cirminal charges against Trump, and more. They are then joined by Take Care publisher Joshua Matz to discuss his views on impeachment and Trump's legal legacy. Listen now!

12/26/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the vote of the Electoral College and the Supreme Court's unanimous rejection of Texas's longshot bid to overturn the result of the election. Happy holidays!

12/7/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the recent Supreme Court decisions requiring states to allow in-person religious services even while other gatherings can be banned. The pair gently disagree about how hard or easy these cases are. Listen now!

11/17/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the status of Trump's legal challenges to the election (going nowhere) and the Trump Administration's dangerous and illegal refusal to designate Biden as the President-elect and therefore give his team resources for a smooth transition. Listen now!

1/21/18  //  Daily Update

The week began with Martin Luther King Jr. Day and ended with a government shutdown on the anniversary of President Trump's inauguration.

1/14/18  //  Daily Update

President Trump vows to strengthen libel laws after the release of Fire and Fury.

1/14/18  //  Daily Update

The White House disbands the "Election Integrity" Commission led by Vice President Pence and Kris Kobach.

12/24/17  //  Daily Update

A federal district court in Michigan has upheld a right to display signs depicting aborted fetuses. Environmental Protection Agency employees who publicly criticized the Trump administration had their e-mails scrutinized by a Republican campaign research group.

12/24/17  //  Daily Update

President Trump's voter fraud commission has not been in communication since September, and members are not sure why. The Department of Homeland Security, the Election Assistance Commission and voting equipment industry and nonprofit groups met to launch an election security Sector Coordinating Council.

12/24/17  //  Daily Update

The FEC Commissioner released a statement about a current lawsuit that seeks to enjoin the FEC from revealing the identities of individuals who helped hide the source of a $1.7 million political contribution.

3/22/17  //  In-Depth Analysis

In the landmark Texas Voter ID case, DOJ has begun its official retreat from the protection of minority voting rights. This is the wrong decision and an ominous sign for the future.

7/5/18  //  In-Depth Analysis

There are a few recyclable sentences lurking in lower-profile cases that may offer the best guidance to where the Court is heading next

3/15/18  //  Commentary

Disclosure laws further First Amendment values by ensuring that consumers have access to accurate information about their rights to state-funded care and how to access these benefits.

9/27/20  //  In-Depth Analysis

The Supreme Court will soon hear a flood of election-related cases, yet one if its most important doctrines for deciding these cases remains remarkably opaque. So I will try to unpack and explain it.

6/27/19  //  Quick Reactions

The Court’s decision in Rucho will have profound and disastrous implications for the 2020 redistricting cycle and beyond. But it may also foreshadow the endgame for Section 2

7/1/19  //  Commentary

It's extremely likely that the citizenship question will appear on the 2020 census—and the Chief intended precisely that result

9/21/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. Listen now!

9/17/18  //  Commentary

A major effort to bar independent research into the efficacy and security of American voting equipment is underway right now.

7/10/17  //  Commentary

In a challenge to Texas's strict voter ID law, DOJ has just turned its back on minority voters and victims of discrimination in Texas.

8/24/17  //  Commentary

Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.

7/26/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by four blue states contending that the new cap on deducting state and local taxes—passed as part of the 2017 tax bill—is unconstitutional. Listen now!

10/10/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the major recent decision dismissing the President's attempt to block his accounting firm from turning over his tax returns to the Manhattan DA. Listen now!

7/13/17  //  Commentary

In a perfect world, federal election law would distinguish between foreign governments involving themselves in U.S. elections and foreign nationals doing so. Unfortunately, we don't live in that perfect world because of the Supreme Court.

4/24/19  //  Commentary

Michael D. Gilbert and Samir Sheth: As the 2020 election cycle gets underway, more super PACs might flout the rules, confident that their punishment won’t fit the crime

7/6/18  //  In-Depth Analysis

Ironically but thankfully, the result of Justice Alito's deeply mistaken analysis in Abbott v. Perez is an opinion that makes less bad law than it might have.

12/21/17  //  Commentary

On this week’s Versus Trump holiday spectacular, it's all judges, all the time. Charlie, Jason, and Easha take a closer look at a number of the President's judicial nominees—confirmed, pending, and withdrawn—to examine what might happen to Versus Trump cases in years to come. Listen now!

9/19/17  //  In-Depth Analysis

Trump has besieged freedoms of speech and press. We must prepare to fight back and defend our liberties.

8/26/20  //  Commentary

The Nineteenth Amendment helped cement the idea that the right to vote is a fundamental right inherent in citizenship

5/1/17  //  Commentary

Unless and until the Supreme Court overrules Clinton v. Jones, that rule is that the president lacks immunity, regardless of where he is sued. Thus, Clinton v. Jones is indeed very damaging to Trump's defense against the various lawsuits against him on the basis of his pre-presidential conduct.

7/12/17  //  Quick Reactions

The Knight First Amendment Institute at Columbia University and seven Twitter users filed suit yesterday against the President, the White House Press Secretary, and the White House Director of Social Media.

4/27/20  //  Commentary

Certain kinds of government propaganda violate the Free Speech Clause. President Trump has crossed that line.

3/15/18  //  Commentary

'Talents for low intrigue, and the little arts of popularity'

2/13/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. Listen now!

6/12/17  //  In-Depth Analysis

There are strong First Amendment arguments against President Trump blocking Twitter followers due to disagreement with their views.

1/18/18  //  In-Depth Analysis

We can no longer take America’s democracy for granted

10/25/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit by a group of journalists (filed by the legal group Protect Democracy) that hopes to stop President Trump from threatening adverse government action against those who criticize him. Plus, a Wilbur Ross update and a constitutional trivia question. Listen now!

11/6/20  //  Commentary

I catalog the legal attacks to come from the Trump team. None of his strategies have any chance of changing the outcome.

9/6/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie ask the question that so many of us ask frequently: how bad is the Trump Administration? Is it better or worse than we should have expected back on election night in 2016? Listen now!

10/30/18  //  Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

7/19/18  //  Commentary

Sending unions into bankruptcy because they mistakenly trusted the Supreme Court when it stood by Abood in 2012 (and declined to overrule it again in 2014) would be more than a blow to middle class workers; it would be a serious danger to the rule of law.

10/23/18  //  In-Depth Analysis

By Andrew Boyle: Whether we proceed down the path of erosion, or whether we do the work to avert that path, is dependent on us

10/7/17  //  Commentary

What is the value to democracy from political gerrymandering for partisan advantage? The intuitive answer is the right one: None.

11/16/18  //  Quick Reactions

By Victoria Baranetsky: If we wish to protect democracy, it would be helpful for judges to more clearly articulate protections under the Press Clause

9/26/17  //  Commentary

President Trump’s autocratic, anti-speech tendencies are blurring one of the key boundaries in existing First Amendment law, which draws a line between government suppression of speech and private suppression of speech.

7/1/19  //  Commentary

This week on Versus Trump, Jason, Charlie, and Easha discuss the temporary victory for the Plaintiffs in the census case and then speculate on what might come next. Listen now!

7/27/17  //  Commentary

The case against felon disenfranchisement is overwhelming as a matter of public policy. This matters for the constitutional analysis.

4/19/18  //  Commentary

On a new episode of Versus Trump, we bring you a podcast version of the speech that Take Care publisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled "The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Listen now!

3/29/18  //  In-Depth Analysis

On a new episode of Versus Trump, Jason talks to Rick Hasen, a leading election law scholar and purveyor of the Election Law Blog, about what's going on at the voting booth, possible campaign finance law violations by both Trump and Clinton in the 2016 cycle, and Justice Scalia, who is the subject of Rick's new book, The Justice of Contradictions: Antonin Scalia and the Politics of Disruption. Listen now!

11/15/18  //  Uncategorized

On this week's episode of Versus Trump, Jason has a solo episode where he talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

2/14/19  //  Commentary

Key takeaways from the briefs in the ongoing litigation to "bail-in" Texas under Section 3(c) of the Voting Rights Act

3/19/20  //  Commentary

On this week’s Versus Trump, Jason talks with Aaron Belkin and Matt Lehrich of Take Back The Court. They talk about Aaron's idea for the Democrats to add four seats to the U.S. Supreme Court in response to what he sees as two "stolen" seats. Listen now!

1/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason asks Charlie to take us through the mammothly long, massively important opinion from the Southern District of New York invalidating the proposed citizenship question on the 2020 Census. Listen now!

9/14/17  //  Commentary

On this week’s episode of Versus Trump, we discuss a major new lawsuit that challenges President Trump's announced revocation of the DACA immigration program. Listen now!

2/28/18  //  Commentary

Efforts to purge or delegitimize courts following rulings against government officials or their political party is a hallmark authoritarian move.

1/4/18  //  Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

4/14/17  //  Commentary

Do our constitutional arrangements predict just the kind of political failure that materialized in November 2016? If so, does that mean that the long-term remedy for that failure lies in constitutional reform? Does our constitutional fate determine our political fate?

4/27/17  //  Commentary

The second episode of Versus Trump, Take Care's podcast, features discussion of a lawsuit against President Trump for inciting violence, the Muslim travel ban, and more. Listen or subscribe now!

3/17/20  //  In-Depth Analysis

Some are worrying about Republican-controlled legislatures eliminating the right to vote in a presidential election and just appointing Trump-supporting electors themselves. Don't worry: not only is the scenario unlikely, it couldn't legally happen.

6/14/18  //  Commentary

By Adav Noti: In Minnesota Voters Alliance v Mansky, the Supreme Court avoided the pitfall of expanding its conceptually unsound campaign finance jurisprudence into a new area

1/16/19  //  Latest Developments

Even when administrative agencies enjoy broad delegated powers, they cannot run roughshod over legal mandates or twist the facts to reach the result they want.

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

5/2/19  //  Commentary

This week on Versus Trump, Jason discusses some fascinating research about how the Trump Administration has fared in the courts with Bethany Davis Noll, the Litigation Director at the Institute for Policy Integrity. They discuss challenges to Trump's regulatory agenda, why the Administration is losing at a historic rate, what is slipping through the cracks, and what come next. Listen now!

11/20/18  //  In-Depth Analysis

Congress should reform voter registration while imposing reasonable voter identification requirements in federal elections

9/28/17  //  In-Depth Analysis

Trump’s potential violations of free speech and press have much in common with his apparent violations of other constitutional limits

7/12/18  //  In-Depth Analysis

By Catherine Fisk: The conservative majority's deregulatory use of the First Amendment will weaken it as a safeguard against tyranny

11/2/17  //  In-Depth Analysis

By Daniel I Morales: Can the federal government make it a crime to encourage or induce a noncitizen to illegally enter or reside in the United States?

6/26/18  //  Commentary

Let's not kid ourselves. Today's decision in NIFLA is an ideological decision.

4/24/18  //  Commentary

Both the travel ban case and the Texas redistricting litigation raise questions about the staying power of discriminatory intent.

10/20/17  //  In-Depth Analysis

A free press and a strong judiciary are among the best bulwarks against authoritarianism, and we need one to have the other.

12/11/18  //  In-Depth Analysis

The growing diversity of the country may break Americans’ commitment to democracy. What can we do to stop that from happening?

9/27/17  //  In-Depth Analysis

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

12/18/18  //  In-Depth Analysis

We asked 10 experts from a variety of disciplines to help us think through strategies for building a stable and inclusive democracy in the face of demographic change. Here’s what we learned.

2/8/19  //  In-Depth Analysis

Career attorneys at DOJ rightly refused to sign a deeply flawed brief arguing that Texas should be let off the hook for its repeated intentional efforts to minimize the voting power of its minority population

10/5/17  //  In-Depth Analysis

By Sonja West: In response to Trump's attacks, we should embrace the unique constitutional status of journalists and mount defenses based on the First Amendment Press Clause.

11/6/20  //  Commentary

We have every confidence in state election officials to finish counting all of our votes as best they know how—and we encourage all of our fellow citizens to wait until they have done so before jumping to conclusions.

10/7/20  //  In-Depth Analysis

What would happen if a presidential candidate were to die close to an election?

7/24/18  //  Uncategorized

Shortly after I posted my initial take on the headline-grabbing set of class action lawsuits seeking millions of dollars in refunds from public sector unions after Janus, two interesting things happened.

10/6/17  //  Latest Developments

Take Care and Protect Democracy have teamed up to host a forum in which leading scholars consider how we can use the law (and litigation) to protect against Trump's use of the 'bully podium.'

2/27/18  //  Latest Developments

A new lawsuit seeks to protect freedom of speech and equal protection for LGBT people in Mississippi

10/18/17  //  In-Depth Analysis

DOJ's effort to to transform this case into a freedom of speech decision threatens the integrity of First Amendment rights. It should be rejected.

3/25/19  //  Commentary

The government’s brief is at war with itself with respect to the state action and government speech doctrines in the @realdonaldtrump litigation.

10/21/20  //  In-Depth Analysis

Could a partial result from the very first contested presidential election provide us a path to handling a close election in 2020? Probably not—but the lessons from 1796 are revealing. This is Part 1 in a multi-part series that will help understand how close elections for presidential elector have been decided, good or bad, and how they should be decided this year.

10/31/18  //  In-Depth Analysis

In defending our democratic system, 'We the People' can look to the Constitution itself as a beacon that defines the rights we are owed.

6/13/19  //  Uncategorized

This week on Versus Trump, Jason, Charlie, and Easha discuss a decision undoing the Trump Administration's new rules that would ban much online gambling. The opinion also leads them into a discussion of the powers of district judges, the Office of Legal Counsel, the Attorney General, and more. Listen now!

3/28/19  //  Commentary

The Mueller Report is kinda, sorta here, so, on this week's episode of Versus Trump, Charlie and Jason analyze the Barr summary and then dive into the legal troubles of famous Trump antagonist Michael Avenatti. Listen now!

10/6/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss whether Trump can really "steal" the election, as some have started to worry about. They discuss Jason's piece here on the topic. Plus, they say goodbye to Justice Ginsburg. Listen now!

6/22/17  //  In-Depth Analysis

Thanks to the Supreme Court's ruling in Matal v. Tam, the government speech doctrine will not swallow the First Amendment.

12/13/18  //  In-Depth Analysis

In the past, we have been too quick to accept compromises of exclusion that stabilized our democracy at the expense of the full citizenship of people of color. We should not do so again.

7/5/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the D.C. Circuit's extraordinary intervention in the Michael Flynn case, and then move on to two lawsuits seeking to block publication of books: John Bolton's and Mary Trump's. Listen now!

12/4/17  //  In-Depth Analysis

Conservative legal activists have pushed a sweeping view of the First Amendment’s protection against compelled speech. These new complicity claims should fail.

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.

4/22/19  //  In-Depth Analysis

SCOTUS would do well to remember that elections — and the agencies that administer them — require special safeguards

5/11/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the question of whether the upcoming election can be "cancelled" for political or pandemic reasons. They agree it'd be illegal...but does that mean it absolutely cannot happen? Listen now!

7/25/17  //  Commentary

Elements of the Republican Party have proposed eliminating the Budget Analysis Division of the Congressional Budget Office.

4/26/17  //  Commentary

Just 100 days into the Trump Administration—the Administration that gave rise to the concept of #AlternativeFacts—there is reason to worry that facts don’t matter to the Justice Department now led by Trump’s Attorney General, Jeff Sessions.

10/24/18  //  Commentary

While bleak, planning to lose is not about conceding defeat. It’s about laying the groundwork for a brighter future and avoiding precedential barriers to that future.

1/16/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason, Easha, and Charlie discuss the Trump Administration's new legal opinion regarding the legal status of the Equal Rights Amendment, also known as the ERA. They consider what will happen now that Virginia has become the 38th state to ratify the ERA since 1972. Is it too late, or can Congress do anything to add this amendment to the Constitution? Listen now!

8/25/17  //  In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

11/2/20  //  Commentary

Will this be the last Versus Trump before Trump loses reelection? Who knows, but, on this week’s episode, Jason and Charlie discuss key theories that will shape which votes count. Listen now!

8/17/17  //  Commentary

We honor Washington and Jefferson despite the fact that they owned slaves, whereas memorials to the likes of Robert E. Lee, Jefferson Davis, and Stonewall Jackson honor them because they fought for a secessionist movement that had the preservation of slavery as its organizing principle.

4/25/19  //  In-Depth Analysis

This week on Versus Trump, Charlie, and Easha discuss the long-awaited Mueller Report. They break down the report step-by-step, discuss the legal issues it raises, and have an all-around good time while they're at it. Listen now!

11/13/18  //  Commentary

By Bruce D. Brown and Joshua A. Geltzer: The United States has a long and proud history of journalists asking the President pointed questions without fear or favor

6/13/18  //  Commentary

Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.

1/30/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason look at a new lawsuit by D.C. claiming that Trump's inaugural committee overpaid for space at the Trump Hotel and thus "wasted" at least $1 million in charitable funds. Spoiler alert: the lawsuit seems convincing. Listen now!

12/20/17  //  Latest Developments

We'll be having a panel discussion on conventions, norms, and constitutional governance at AALS on Thursday, January 4th.

12/14/18  //  In-Depth Analysis

By Joshua F.J. Inwood: We need a nationwide truth commission that would address the historical legacy of racism in U.S. democracy while focusing on contemporary injustices

12/10/18  //  In-Depth Analysis

By Yascha Mounk: We need to develop a shared vision for what such a multi-ethnic society should look like

11/5/18  //  In-Depth Analysis

We thank all of the scholars and lawyers who participated in this symposium on our book, How to Save a Constitutional Democracy.

7/20/17  //  Commentary

On this week’s episode of Versus Trump, we discuss the litigation against the newly-created Presidential Advisory Commission on Election Integrity, that has Kansas Secretary of State—and repeat defendant in voting rights litigation—Kris Kobach as its now-infamous Vice Chair. Listen now!

7/12/19  //  Commentary

The decision is a victory for free speech, an important signal to government officials in the social media era, and a refreshing holding that the President is not above constitutional constraint

8/1/19  //  In-Depth Analysis

This week on Versus Trump, Jason and Charlie are back from a hiatus to discuss the President's lawsuit against New York State and the House Ways and Means Committee, both of whom—he says—may be conspiring to release his New York State tax returns. Listen now!

5/11/17  //  Quick Reactions

By Jed Shugerman. Trump is using the Comey firestorm as a smoke screen for a potentially more dangerous move: appointing Kris Kobach vice chair of a new “election integrity” commission, with Mike Pence as chair. Kobach will make it a voter-suppression/vote rigging commission, fomenting anti-immigrant and racist fears.

3/31/17  //  Commentary

Troubling signs abound for American constitutional democracy. It isn't (yet) too late to halt the decline. But that will require the creation and implementation of a robust democracy agenda.

5/12/17  //  Commentary

Some people are trying to sue the President for violence that erupted at his campaign rallies. But if they're successful, it might make life more difficult for many others, like Black Lives Matter, who regularly speak passionately about controversial issues.

6/7/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie take on two topics. First, what can the president legally do to use the military on American soil? Second, is it legal for the House of Representatives to vote by proxy, without being physically present in D.C., as alleged in a new lawsuit by House Republicans? Listen now!

12/7/18  //  In-Depth Analysis

By Theodore R. Johnson: The formation of a national solidarity is especially suited to the challenge of mitigating the impacts of racism in the United States

1/11/18  //  Uncategorized

On a new episode of Versus Trump, Jason, Easha, and Charlie tackle an unexpected new lawsuit against the Trump Administration by, of all people, Paul Manafort. And they discuss the President's threats to sue the publisher of Fire and Fury for defamation. Listen now!

8/20/20  //  In-Depth Analysis

Especially in light of President Trump’s recent attacks on mail-in voting and the United States Postal Service, Section 2 should be revised to prohibit racial discrimination in voting by the federal government.

5/24/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the extraordinary motion to dismiss Michael Flynn's criminal case. Does the DOJ's logic make sense? And what can Judge Sullivan do if he chooses not to dismiss the case? Listen now!

7/2/19  //  Commentary

The majority's invocation of neutrality collapses when the partisan gerrymandering decision is set in a broader political and institutional context

8/31/17  //  Commentary

On this week’s episode of Versus Trump, we talk about web-hosting company Dreamhost's refusal to cooperate fully with the Trump Administration's broad request for information about the visitors to DisruptJ20.org, a website allegedly used by those involved in an Inauguration Day riot. Listen now!

9/26/17  //  In-Depth Analysis

Trump’s intemperate attacks on political speech he dislikes are inconsistent with democratic self-government.

10/29/18  //  In-Depth Analysis

Protecting democracies is not a matter of any one election. There’s a long road ahead to save our democracy. Here are some key steps.

10/2/20  //  Quick Reactions

What happens if a candidate dies before the electoral college votes? This came up at my oral argument in the Supreme Court case about electors, but there was no clear resolution.

12/3/18  //  Latest Developments

Here are the contributions from our recent symposium in collaboration with the Election Law Blog

4/11/17  //  Quick Reactions

Cutting-edge analysis by Gerry Hebert and Danielle Lang of yesterday's ruling that the controversial Texas Voter ID law was enacted with racially discriminatory intent.

8/20/17  //  Commentary

No, the First and Second Amendments do not add up to a right to publicly protest while carrying assault rifles.

9/28/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie dive into the merits of a lawsuit brought by Twitter users who have been blocked by @realDonaldTrump. They claim the President's blocking violates the First Amendment. Listen now!

10/11/17  //  In-Depth Analysis

By Mark Joseph Stern: From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

5/12/17  //  Uncategorized

Freedom of speech is great. Nobody denies it. But the lawsuit against Trump for inciting violence at a campaign rally is legally meritorious, at least at the motion to dismiss stage. And the notion that finding liability against Trump here would imperil protests for all Americans just doesn't hold water.

3/29/17  //  Commentary

The First Amendment makes America great for everyone, not just for citizens.

10/3/17  //  Commentary

Recent developments could imperil constitutional protections for expressive freedom.

6/30/17  //  In-Depth Analysis

Kris Kobach just asked for help building a national voter file in two weeks. That’s massively irresponsible. And it might well be illegal.

4/17/20  //  Quick Reactions

On this week’s Versus Trump, Jason and Charlie discuss last week's election in Wisconsin, include two rulings—one by the Wisconsin Supreme Court and one by the U.S. Supreme Court—that don't hold up very well in light of what occurred. Listen now!

12/17/18  //  In-Depth Analysis

We must develop an affirmative agenda that speaks to the average American’s reasonable expectations about immigration

2/21/19  //  Commentary

Some argue that both anti-BDS and public accommodations laws protect against discrimination, and so the First Amendment should treat them the same. But the laws are nothing alike.

9/29/20  //  In-Depth Analysis

Pennsylvania's Senate leadership has filed an emergency application at the Supreme Court that misreads the Elections Clause and invites electoral chaos

11/27/18  //  In-Depth Analysis

Congress might learn a lesson from the structure of the Voting Rights Act, even beyond its substance.

5/15/17  //  Commentary

James Comey’s firing threatens more than just the rule-of-law norm against self-investigation. It also threatens the rule-of-law norm against politically motivated policing and prosecutions.

6/29/17  //  Commentary

On this week’s episode of Versus Trump, we discuss a lurking issue with opposing Trump in upcoming elections: partisan gerrymandering. Charlie and Easha take a close look at the case of Gil v. Whitford, a case the Supreme Court recently announced it will take up next fall. In Gil, the Supreme Court may boldly announce a new rule that might seriously curb partisan gerrymandering—or the Court may entirely stop courts from being able to hear these cases at all. Listen now!

6/22/17  //  Commentary

Recent developments bolster claims that President Trump has violated the First Amendment by blocking people on Twitter.

10/6/17  //  In-Depth Analysis

Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.

7/5/19  //  Quick Reactions

That the Department of Justice could so transparently tell a court to hold on while it makes up a lie is shameful

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

4/5/18  //  Commentary

On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!

7/18/19  //  Commentary

This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!

4/25/17  //  In-Depth Analysis

Given enough time, a movement to treat hate speech as beyond the pale, perhaps as part of a backlash against Trumpism, could result in political changes and transformative judicial appointments that redefine the protections of the First Amendment.

9/13/18  //  Commentary

On this week's episode of Versus Trump, Jason gives a quick update on a case we're watching and then signs off, because, well, in the middle of recording this week's episode, Charlie's power went out. But we'll be back next week with a full show.

10/15/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie are joined by Matthew Seligman of Public Citizen to discuss several lawsuits—including one in which he is counsel, NAACP v. USPS—where plaintiffs have challenged the cuts by the postal service that may slow down election mail. Listen now!

9/17/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie discuss two new legal filings by the Trump DOJ that blur the line between the President as government official and the President as private citizen. In the first case, the government argues that the President's twitter feed is not an official public forum, so he can block people with whom he disagrees. In the second, the government argues that the President's denials that he sexually assaulted E. Jean Carroll were made in his official capacity as President. Listen now!

9/15/20  //  In-Depth Analysis

The Fifth Circuit’s decision in Texas Democratic Party v. Abbott makes several missteps. In this post, I’ll flag three of them.

1/31/18  //  In-Depth Analysis

By Stuart McPhail: Money isn't speech. It's time to revision Supreme Court cases that say otherwise.

10/12/17  //  In-Depth Analysis

Especially in light of Trump's recent remarks, we must better protect media companies from targeted, life-threatening defamation suits

10/15/18  //  Commentary

Although Shelby County had a dramatic and immediate real-world impact, its future doctrinal importance is likely minimal.

10/26/18  //  In-Depth Analysis

By communicating mainly through Twitter, Trump has asserted the power to define his own political community—and to exclude people from it.

9/8/17  //  Commentary

Republicans may not be advancing their agenda through legislation, but they're getting it done in other ways.

11/1/18  //  Latest Developments

Take Care has been pleased to host a symposium on How To Save A Constitutional Democracy, an important new book by Aziz Huq and Tom Ginsburg.

10/23/20  //  In-Depth Analysis

The Kennedy-Nixon election in 1960 in Hawaii went to a recount. How Hawaii dealt with it—with two sets of electors casting two sets of electoral votes—provides a model for how to handle very close elections.

6/5/19  //  Quick Reactions

Recent revelations in the census case at the Supreme Court are also relevant to another case at the Court--partisan gerrymandering.

10/22/20  //  Quick Reactions

The Supreme Court has run out of time to reverse terrible decisions regarding the scope of the Twenty-Sixth Amendment. But it should still take up the issue after the election.

9/4/19  //  Commentary

In Slate, Rick Hasen claims that litigation over the independence of presidential electors could "backfire spectacularly." I respectfully disagree.

11/14/18  //  Latest Developments

We are pleased to announce a mini-symposium in collaboration with the Election Law Blog

7/5/18  //  Commentary

In voting rights, as elsewhere, there’s plenty of reason to stay woke. But if you’re looking for evidence of the crumbling of the Republic, the recent voter roll settlement in Kentucky isn’t the place to start.

9/26/17  //  In-Depth Analysis

Now former DOJ officials are calling him on it.

11/9/17  //  Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

7/10/17  //  Commentary

As disenfranchisement and voter suppression efforts are on the rise, one partial response is reenfranchisement.

5/16/17  //  Commentary

A particularly brazen part of Trump’s attack on the press has been his assertion—both as a candidate and as President—that he will change the libel laws to make it easier to sue the media for unfavorable coverage. That won't work, for many reasons. But Trump’s outrageous threats are brilliantly successful in other ways, no matter how unlikely they are to formally succeed.

11/19/18  //  In-Depth Analysis

It's time to consider some unfamiliar suggestions for election reform

1/3/20  //  In-Depth Analysis

Since 2015, lawsuits by the House of Representatives have been authorized not by a vote of the full House but by majority of a standing, 5-member committee. Is this structure constitutional?

5/7/18  //  Latest Developments

The Great Democracy Initiative aims to produce bold, progressive solutions to the biggest problems facing our country.

4/7/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division simultaneously maintains that we live in a “post-racial world” and urges the Division to take measures that will disenfranchise people of color.

5/30/19  //  Uncategorized

This week on Versus Trump, Jason, Easha, and Charlie discuss new lawsuits over the Trump Administration's expansion of rules of conscience for healthcare providers. Listen now!

7/3/18  //  Commentary

The first in a series of posts on the uses and abuses of the First Amendment as a deregulatory tool

2/28/18  //  Latest Developments

Announcing a conference on how the First Amendment can advance the pursuit of social and economic equality

8/5/19  //  In-Depth Analysis

The Second Circuit's ruling against President Trump for banning critics on Twitter invites a broader discussion about how legally to structure and regulate our increasingly digital public sphere.

4/6/17  //  Commentary

A federal judge has refused to dismiss a suit alleging that President Trump incited violence against protesters at one of his campaign rallies last year. The bitter irony to Trump's defense is that it seeks to expand free speech rules; usually, he prefers to trash them.

10/23/18  //  In-Depth Analysis

The Constitution can and should play a vital role in preventing democratic decline

4/2/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss cases by the Trump campaign against the New York Times, CNN, and the Washington Post accusing each of these media organizations with defamation (sometimes also called libel). They have a bit of a laugh in explaining why the suits are frivolous, discuss whether the complaints are sanctionable, and debate whether the cases will have a major intimidating effect. Listen now!

4/6/17  //  In-Depth Analysis

Many states are considering bills requiring future federal presidential candidates to release tax returns, or comparable information, in order to be listed on the ballot. Such requirements are good policy and should be upheld under the Constitution.

7/1/19  //  Commentary

The Roberts Court has a constitutional blindspot. It consistently ignores the many parts of the Constitution that help preserve and protect a vibrant democracy open to all.

4/21/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division has some interesting parallels to a recent voting rights dissent.

12/12/18  //  In-Depth Analysis

Three strategies stand out as a way to defuse and then dismantle reassertions of ethnonationalism

4/7/17  //  Commentary

There might still be some lies that people won't tolerate. Even from lawyers. And even from lawyers who are also politicians. Should those lies be the basis for discipline under legal ethics rules?

4/13/17  //  Commentary

The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.

10/24/18  //  In-Depth Analysis

By Rosalind Dixon: Low thresholds for impeachment could undermine (rather than strengthen) democracy

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

6/14/18  //  Quick Reactions

By Ilya Shapiro: SCOTUS has ruled that a Minnesota law banning 'political' apparel at polling places violates the First Amendment

8/30/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a case that fits our podcast on two levels: it's a lawsuit against the Trump Administration about grand jury secrecy, and any decision could impact the Mueller investigation, which is the biggest Versus Trump case of them all. Listen now!

11/15/18  //  In-Depth Analysis

Congress should revise Section 3 of the Voting Rights Act to expand the circumstances in which courts can impose preclearance requirements

10/28/20  //  In-Depth Analysis

We conclude our examination of close presidential elections by taking a deep dive into Florida in 2000. Was the December 12, 2000 deadline really as firm as it seemed to the courts and some of the parties, or could the count have proceeded?

4/5/18  //  Quick Reactions

A wide-ranging, thematic talk at Harvard Law School

8/17/17  //  Commentary

On this week’s episode of Versus Trump, we have an interview about voting laws and litigation with former Hillary for America General Counsel and current voting rights superlawyer Marc Elias. Listen now!

1/8/18  //  Commentary

Can the author or publisher of a book be held liable for inducing the breach of a nondisclosure agreement (NDA)? Spoiler alert: The answer is almost certainly no.

4/25/17  //  Quick Reactions

In a civil suit against Trump for inciting violence at a campaign rally, Trump's lawyer argues that Trump is immune from suit as President of the United States (citing Clinton v. Jones). His argument is not simply wrong. It is sanctionable.

3/21/19  //  Commentary

On this week's 100th episode of Versus Trump, Charlie, Easha, and Jason offer a few quick hits and then have a discussion about the effect of litigation against the President personally and against the Administration. Listen now!

4/18/19  //  Commentary

This week on Versus Trump, Jason, Charlie, and Easha discuss the brewing dispute over Trump's tax returns. Listen now!

7/27/17  //  Uncategorized

On this week’s episode of Versus Trump, Charlie and Easha discuss a newly-filed lawsuit brought by private plaintiffs who allege that Trump's campaign and Trump advisor Roger Stone conspired with Russians to disclose private information about the plaintiffs. Listen now!

4/11/17  //  Commentary

Even in these strange and trying times, we would like to think that our Attorney General will follow the law while staffing the division of DOJ charged with realizing the Constitution’s promise of a democracy that’s worth a damn—one open to all citizens, regardless of the color of their skin.

11/21/18  //  In-Depth Analysis

By Campaign Legal Center: Here are the highest priorities for legislative reform on campaign finance, voting rights, redistricting, and ethics

4/27/17  //  Commentary

This Week's Episode: "Get 'Em Out!" + Richard Primus

6/28/18  //  Commentary

The Constitution protects all speakers equally. Until it doesn’t – as the Supreme Court just made clear in Janus v. AFSCME.

3/9/18  //  In-Depth Analysis

Trump’s actions to quash the independence of federal law enforcement mirror the approach of autocratic leaders around the globe.

10/11/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!

11/11/20  //  Commentary

Lawyers who bring cases without evidence solely to harass or delay should be sanctioned. It's what Justice Scalia would have wanted.

10/18/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the recent decision that dismissed Stormy Daniels' defamation lawsuit against the President. Listen now!

11/14/18  //  In-Depth Analysis

Now that Democrats have taken the House, it’s time to start thinking about stopping voter suppression through legislation—via laws instead of lawsuits

1/17/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha hit three topics: the mysterious case of the subpoena to a foreign corporation that may be related to the Mueller investigation; the nomination of William Barr as Attorney General; and the temporal nature of an emergency, as prompted by live listener feedback. Listen now!

6/7/18  //  Commentary

On this week's episode of Versus Trump, Easha and Jason preview their live show at the ACS National Convention and then discuss the recent decision concluding that President Trump violated the First Amendment when he blocked seven Twitter users from responding to his tweets. Listen now!

10/4/17  //  In-Depth Analysis

By David Gans: Will Justice Kennedy carve out a partisan redistricting exception from foundational First Amendment principles?

11/2/20  //  Commentary

I'm pretty nervous. But there’s also no reason to think that the rule of law has been entirely eroded in America in 2020. So far, the center has held.

3/1/19  //  Commentary

With the introduction of the new VRAA, the House is undertaking the long overdue task of responding to Shelby County.

8/31/17  //  Commentary

Cities need to be recognized as constitutional actors in their own right, worthy of protection and capable of self-determination.

5/24/17  //  In-Depth Analysis

Recent Harvard Law graduate, and soon to be civil rights lawyer, Shakeer Rahman offers some second thoughts about celebrating federal law enforcement’s independence.

6/6/19  //  Commentary

This week on Versus Trump, Jason and Charlie answer listener mail and talk about nationwide injunctions at Gregory's request; talk more about court packing at the request of Micah; and respond to Ben's thoughts on subpoena enforcement. Listen now!

8/24/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss voting by mail in the pandemic. Have courts allowed the rules to be changed, either in responses to suits there should be more voting by mail—or less? Listen now!

7/2/19  //  Commentary

There really is nothing the administration can now do that ought to lead to approval of the citizenship question

6/11/18  //  Quick Reactions

I wouldn't accuse any of the justices of voting in voting rights cases based on a conscious calculation of what's best for the Republican or Democratic Party. But an inference of at least subconscious bias certainly fits the facts.

12/14/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha talk about a defamation lawsuit brought by Summer Zervos, a woman who alleges that she was sexually assaulted by President Trump in a hotel room in 2007. Listen now!

1/25/20  //  In-Depth Analysis

On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)

12/5/19  //  Uncategorized

First, real talk: yes, Versus Trump really did get a shoutout at the impeachment hearings on Wednesday! More on that next week. But on this week’s Versus Trump, Jason and Charlie discuss two guns cases. Listen now!

10/5/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. Jason and Charlie ask each other whether California has the constitutional power to do that, and, if so, whether it's a good idea. Listen now!

7/18/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the Supreme Court's pair of decisions governing Trump's tax returns. Are they coming soon? Did the Democrats make a mistake in not being more aggressive in invoking the impeachment power? Listen now!

7/25/17  //  Commentary

Here's the most important question to ask about indictments, pardons and self-pardons, and obstruction of justice.

4/12/18  //  In-Depth Analysis

On a new episode of Versus Trump, Jason and Charlie revisit two lawsuits in which the Plaintiffs have recently successfully fought off motions to dismiss and been allowed to proceed. And in a new installment of "Sanctions Corner with Uncle Charlie," Charlie answers questions about the FBI raid on the office of Trump lawyer Michael Cohen. Listen now!

11/19/18  //  In-Depth Analysis

The Constitution explicitly gives Congress sweeping powers to protect the right to vote

6/21/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason talks about the past, present, and future of impeachment with Joshua Matz. Joshua is the publisher of Take Care and the co-author, with Laurence Tribe, of the acclaimed new book To End a Presidency: The Power of Impeachment. Listen now!

3/1/18  //  Commentary

At oral argument in Janus v. AFSCME, Council 31, an important case about public sector unions, there were a lot of empirical questions—but not a lot of answers.

9/28/17  //  In-Depth Analysis

The Trump administration—in word and in deed—has engaged in enemy construction of the press.

7/25/19  //  In-Depth Analysis

The three-judge district court overseeing the Texas redistricting litigation has held that Texas should not be 'bailed-in' under Section 3(c) of the Voting Rights Act. That's a very worrisome development. Here's why.

6/10/19  //  Quick Reactions

My remarks at the UCI Law commencement.

7/7/17  //  In-Depth Analysis

The commission is not truly bipartisan and is based on false assertions of widespread voter fraud.

8/28/17  //  Commentary

DOJ's troubling shift on voting rights rightly failed to save a discriminatory Texas law

5/7/18  //  Latest Developments

When calls to impeach the president are played on repeat for years, they lose their punch. That is where we find ourselves today.

7/5/17  //  Commentary

Larry Schwartztol of Protect Democracy on how Kris Kobach's request for voter information violated federal law.

10/22/18  //  In-Depth Analysis

Our new book offers a distinctive diagnosis of how democracy is lost, and then roadmaps various pathways along which a reform agenda might proceed.

11/30/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Listen now!

10/16/17  //  Commentary

There are two ways to look at one of the recent lawsuits against the organizers of the Charlottesville rally, the easy way and the right way.

8/9/17  //  Commentary

Contrasting Trump with a grownup professional human being reminds one that Trump does not merely give horrible speeches; he is a horrible person.

11/16/18  //  Commentary

It's no easy task to design effective voting rights legislation that can withstand Supreme Court review

12/21/17  //  Commentary

A pending defamation suit against President Trump in New York state court raises this important question.

2/22/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss what's going on in courts related to gun regulation. They focus on one set of Versus Trump lawsuits in this area: suits by the Gabby Giffords Law Center to Prevent Gun Violence requesting any Trump Administration records that would show the influence of the gun lobby on the Administration. Listen now!

12/6/18  //  In-Depth Analysis

The current attacks on democratic institutions are but symptoms of a deeper disease: the lack of full civic participation by the nation’s ordinary residents

10/29/18  //  In-Depth Analysis

All of those tedious checks and balances and lines of separation that frustrate one and all during times of normal, functional democratic governance have a very real role to play in our constitutional order.

3/16/17  //  Commentary

If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."

5/12/17  //  Commentary

The President's Commission On Voter Fraud Is Not Designed To Seek Data. Instead, The Commission Has Preordained Conclusions It Will Recommend.

6/27/18  //  Quick Reactions

The Supreme Court's ruling in Janus sounds like a pretty big problem for organized labor. But it doesn’t have to be.

11/15/18  //  Commentary

By Jonathan Backer: President Trump is not the first American politician to retaliate against a journalist or media outlet for coverage that he does not consider favorable

9/25/17  //  Commentary

Can Trump's Justice Department's position on Masterpiece Cakeshop be reconciled with his own views about professional athletes?

8/30/17  //  Commentary

It’s time to stop pretending the Executive Branch is going to check Donald Trump.

10/12/20  //  Commentary

With its excessively narrow reading of the 26th Amendment, did the Seventh Circuit just issue the worst election law decision of the year?

5/25/17  //  Commentary

Mitch Landrieu’s speech defending the removal of Confederate war monuments in the heart of New Orleans is an eloquent reminder that the Constitution forbids acts that subordinate or denigrate, whether in the context of religion, LGBT rights, or racial equality.

4/10/20  //  Commentary

It's been one year since DHS had a director confirmed by the Senate. In the meantime, Trump has continued to avoid the constitutional requirement of advice and consent—and violated federal law about using acting directors.

10/30/20  //  In-Depth Analysis

Brianne Gorod & Charlie Miller: Contrary to Justice Kavanaugh’s suggestion, there is nothing sacrosanct about November 3, and no requirement that the country must know the victor of the presidential election that night.

3/27/18  //  In-Depth Analysis

Partisan gerrymandering at its core is viewpoint discrimination pure and simple, and it cannot be squared with our Constitution’s promise that voters choose their representatives, not the other way around.

3/29/18  //  Commentary

Where there is smoke, there is usually a fire

8/31/17  //  In-Depth Analysis

Are there legal remedies if Trump refuses to officially accept the Climate Science Special Report?

11/22/19  //  Commentary

Attorney General Barr recently said that "the Left that is engaged in the systematic shredding of norms and the undermining of the rule of law." Barr's outright partisanship relies on misunderstandings of history and a misguided view of the role of the attorney general.

9/5/18  //  Commentary

Because of a 2011 case called Bluman v. FEC, written by Judge Brett Kavanaugh, a great deal of electoral interference by Russian agents in 2016 may have been legally authorized

4/16/17  //  Daily Update

This week, a federal judge found a discriminatory purpose behind Texas's Voter ID law. On Take Care, Joshua Matz and Leah Litman argue that the Trump Administration's plans for the Department of Justice's Civil Rights Division raise grave concerns. Joshua Matz also notes the concern expressed by advocacy groups over Attorney General Jeff Sessions' lack of commitment to protecting voting rights.

12/4/17  //  Daily Update

The D.C. Circuit rejected a challenge to separate federal campaign contribution limits in primary and general elections.

2/11/18  //  Daily Update

The Nunes memo set off aftershocks; agencies scrambled to implement the Trump Administration's policies to mixed effect; and Congress passes a budget after a brief overnight shutdown.

11/5/17  //  Daily Update

Reports indicate that the Crosscheck system promoted by Kris Kobach, vice chair of President Trump’s Presidential Advisory Commission on Election Integrity, as a tool to purge voter rolls, has a 99% false positive rate.

12/4/17  //  Daily Update

Internet libel takedown orders may violate search engines' First Amendment rights. President Trump continues to criticize CNN.

3/16/17  //  Daily Update

The resignation of an FEC commissioner may have given Trump an opportunity to reshape the campaign finance landscape. Here are some useful analyses of the story thus far.

6/11/17  //  Daily Update

Discussion of President Trump blocking constituents on Twitter, and pro-Trump information spreading on the social media site.

6/27/17  //  Daily Update

President Trump's voter fraud commission continued to draw significant opposition and criticism, including some resistance from Republican state officials.

10/1/17  //  Daily Update

Attorney General Sessions and President Trump both made comments slamming NFL players for protesting during the national anthem.

9/17/17  //  Daily Update

Trump's decision to end DACA spurs a flurry of legal challenges; his election fraud commission gets into more trouble; and the Supreme Court stays the Ninth Circuit's latest trvel ban ruling.

10/31/17  //  Daily Update

The Congressional Accountability Office will investigate the President's voter fraud commission. Commentators and the Commission's Democratic members remain frustrated by its lack of transparency.

4/11/17  //  Daily Update

The Administration threatened Wikileaks with criminal action. Meanwhile, the Administration refused to release its visitor logs.

1/28/18  //  Daily Update

The Republican Party has used a combination of dark money, voter ID laws, and political gerrymandering to tip the political scales in its favor, wrote Ari Berman at Rolling Stone. Several of President Trump's financial backers are profiting off Trump campaign entities, raising campaign finance concerns in the process.

6/18/17  //  Daily Update

Kris Kobach, appointed by the President, seeks to pass more restrictive voting and immigration laws.

3/26/17  //  Daily Update

Developments in the First Amendment for the week of March 20, 2017.

10/1/17  //  Daily Update

A study suggests that confusion over Wisconsin voter ID laws kept thousands of voters from the polls last November. California moved its presidential primary to Super Tuesday.

6/18/17  //  Daily Update

Analysis continues whether the President violates the First Amendment by blocking Twitter followers due to disagreement with their views.

6/25/17  //  Daily Update

The President's decision to block users on Twitter may not amount to a First Amendment violation.

9/10/17  //  Daily Update

The President orders an end to DACA and has Attorney General Jeff Sessions announce the change; Trump Jr.'s June 2016 meeting with a Russian lawyer undergoes more scrutiny; Trump's 16 nominations to the federal judiciary spur challenges and concern.

8/20/17  //  Daily Update

President Trump's re-election campaign spending on Donald Trump Jr.'s defense lawyer may violate campaign finance laws.

8/24/17  //  Daily Update

President Trump continues to break fundraising records with a focus on small donors.

8/24/17  //  Daily Update

An advocacy group filed a lawsuit to make the records of President Trump's Election Integrity Commission public, while commentators continued to criticize the commission.

11/5/17  //  Daily Update

Many politically active nonprofit organizations and candidates have failed to pay FEC-imposed fines with few consequences, according to the Center for Public Integrity.

4/9/17  //  Daily Update

This week, Daniel Tokaji argued for an active "democracy agenda" on Take Care while a movement for voter ID laws grows in the states, despite no evidence of a large voter conspiracy.

11/19/17  //  Daily Update

The House passes its version of a tax bill that would dramatically alter the tax code as President Trump faces trouble over the diversity of his federal judicial nominees and the fitness of his appointees to office, some of whom have alleged conflicts of interest.

4/16/17  //  Daily Update

This week saw analysis of Justice Gorsuch's past opinions on voting rights and free speech cases.

6/11/17  //  Daily Update

Bob Bauer argues the Trump campaign's collusion with Russia may constitute a campaign finance crime.

4/23/17  //  Daily Update

A close special election in Georgia may portend electoral problems for the Republicans. During the 2016 election, the Russian government sought to peddle the myth of voter fraud when it appeared President Trump may lose.

10/8/17  //  Daily Update

Commentary continued on the President's relationship to free speech in the wake of his attacks on the NFL protests.

10/8/17  //  Daily Update

The Supreme Court held oral argument in Gill v. Whitford, a major partisan gerrymandering case. Concerns persisted over the impartiality of the Pence-Kobach Voter Commission.

12/4/17  //  Daily Update

Some Alabama voters have received erroneous messages saying that they are not registered to vote. The D.C. Circuit rejected a challenge to separate federal campaign contribution limits in primary and general elections.

5/14/17  //  Daily Update

A reporter in West Virginia was arrested after persistently questioning Health and Human Services Secretary Tom Price about the AHCA.

8/6/17  //  Daily Update

A federal district court ruled that a public official's social media pages can be public forums under the First Amendment.

6/25/17  //  Daily Update

Newly released Supreme Decisions set boundaries on the extent to which the government may limit speech on social media and in the market place.

8/13/17  //  Daily Update

The Trump Administration's "War on Leaks" risks journalists' FIrst Amendment rights.

9/24/17  //  Daily Update

As the Trump administration continues to attack the press and free speech, Take Care highlights legal avenues through which the press can push back.

10/21/17  //  Daily Update

Former Attorney General Eric Holder argues the fight for voting rights is the struggle of our generation. Democratic senators requested the Government Accountability Organization investigate President Trump's voting fraud commission.

4/23/17  //  Daily Update

The New York Times provided in-depth analysis of the unprecedented amount of money given to the Trump Administration for its inauguration festivities.

7/9/17  //  Daily Update

More than 40 states have fully or partially refused to comply with the Pence-Kobach Commission’s request for state voter data.

9/3/17  //  Daily Update

Trump's pardon of former sheriff Joe Arpaio sets off a firestorm; another battle over Trump's immigration ban is heard by the Ninth Circuit; and investigators and journalists turn up more evidence of Trump's business dealings with Russia.

9/24/17  //  Daily Update

Questions about illegal voting and discussions of how to improve election integrity continue to plague the Trump administration. Professor Larry Lessig has a new proposal for election reform.

4/2/17  //  Daily Update

President Trump highlights the need to fight for truth.

3/16/17  //  Daily Update

Since taking office, President Trump has cast doubt on the American electoral process--even as DOJ has stepped away from challenges to restrictive voter identification laws. Here are some useful analyses of the story thus far.

10/29/17  //  Daily Update

The Sixth Circuit granted President Trump's appeal of a denial of a motion to dismiss a complaint alleging that he incited violence at a rally in Kentucky, and new federal legislation includes protections for whistleblowers.

3/21/17  //  Daily Update

Developments in voting and elections for the week of March 20, 2017.

8/20/17  //  Daily Update

Despite studies showing that voter fraud is practically nonexistent, aides connected to the Trump Administration have created an organization to increase voter turnout in areas where the President has high support and discourage “fraudulent” democratic voting.

6/4/17  //  Daily Update

Commentators argued that President Trump’s sham Commission on Election Integrity is a threat to democracy, the Supreme Court granted certiorari in a case that could have wide-ranging impact on voting rights, and a new Democratic super PAC is fighting back on partisan gerrymandering.

2/25/18  //  Daily Update

Special Counsel Robert Mueller filed a new charge against Paul Manafort while Richard Gates pled guilty. Meanwhile, President Trump's proposal to arm teachers drew controversy in Washington.

4/16/17  //  Daily Update

This week, Twitter sued to oppose a demand for the identity of a user critical of the Trump Administration by the Customs and Border Patrol. Erik Wemple writes that President Trump has undermined public trust in the media.

4/30/17  //  Daily Update

Leah Litman analyzes a conservative activists' letter to Attorney General Sessions in light of the illegal Texas redistricting plan.

11/12/17  //  Daily Update

As the GOP attempts tax reform, the Mueller investigation keeps heating up, as does Trump's rhetoric on North Korea.

5/14/17  //  Daily Update

President Trump signed an executive order creating a presidential commission on “election integrity” based on his false claims of widespread voter fraud during the 2016 election.

10/31/17  //  Daily Update

Commentary continued on President Trump's hostility toward the press. The federal government released thousands of documents relating to the JFK assassination.

4/9/17  //  Daily Update

Take Care saw analysis of President Trump's free speech argument in the civil case alleging that he incited violence against protestors by Amanda Shanor, as well as an argument for an active "democracy agenda" by Daniel Tokaji.

1/28/18  //  Daily Update

Hundreds of thousands of people participated worldwide in Women's Marches on Saturday, protesting the first year of the Trump administration and supporting women's rights.

8/6/17  //  Daily Update

States continue to resist the voter fraud commission's attempts to collect voting records. Commission vice-chair Kris Kobach is fighting the ACLU's document requests.

5/7/17  //  Daily Update

Reince Priebus wants to limit American speech against the government, which is probably unconstitutional. President Trump will find no shelter from suit in Clinton v. Jones precedent.

4/2/17  //  Daily Update

Calls for a "special election" pose major constitutional, political, and policy questions, as Ian Samuel explains for Take Care. Instead, the best way to avoid foreign interference may be to update voting technology.

11/26/17  //  Daily Update

A member of the President's election fraud commission announced that he is seeking an injunction requiring the commission to release working documents. DOJ officials indicated the commission will not meet again until next year.

6/11/17  //  Daily Update

Efforts to expand automatic voter registration are picking up steam nationally, and the Supreme Court will hear a significant Ohio voting rights case.

8/20/17  //  Daily Update

DOJ defends the President’s right to block Twitter users, but is seeking identifying information of visitors to an anti-Trump website.

7/16/17  //  Daily Update

Twitter users blocked by President Trump sued him and other White House aides claiming the Twitter feed is a public forum. The President's personal lawyer argued that Trump's statements on the campaign trail should be held to a different defamation standard.

8/24/17  //  Daily Update

President Trump sharply criticized the press during remarks in Phoenix, sparking commentary and criticism.

1/28/18  //  Daily Update

The Supreme Court of Pennsylvania ordered all 18 Republican-drawn districts to be redrawn, following a finding that they violate the Constitution. Potential citizenship questions on the 2020 Census could shift the balance of political power towards rural areas and give Republicans a new advantage in drawing electoral boundaries.

12/3/17  //  Daily Update

Secretary of State Rex Tillerson may soon be replaced. The D.C. Circuit rejected a challenge to separate federal campaign contributions in primary and general elections.

4/30/17  //  Daily Update

Analysts wrestle with fake news, President Trump's comments at campaign rallies, and his tweets.

10/21/17  //  Daily Update

President Trump is actively stoking culture wars in the United States. President Trump's threats to punish NFL players who kneel may strengthen a free speech argument that works in favor of the players' rights.

6/25/17  //  Daily Update

Congress and the FEC are considering legislation and rules changes to combat foreign interference in elections.

6/23/17  //  Daily Update

The President's embattled Commission on Election Integrity, which has been sued by numerous voting rights groups, held its first public meeting this week. DOJ has changed tactics in its Texas voter ID case.

8/13/17  //  Daily Update

The President's voter fraud commission risks voter purges and may become a target for hackers. The Department of Justice reversed its historical position on the Ohio voter roll purge statute.