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!

7/6/20  //  In-Depth Analysis

Congress should decide what happens to the Equal Rights Amendment, not the courts or the Executive Branch.

7/2/20  //  Commentary

The Court’s LGBTQ rulings should not distract from the broader trajectory of its jurisprudence in favor of the privileged.

6/30/20  //  Quick Reactions

The Court’s decision in Espinoza is similar to the trajectory of the law of racial discrimination in some respects, it also offers a striking contrast in others

6/22/20  //  Commentary

Democratic and Republican responses to the DACA decision illustrate the different focus the two parties put on the federal courts.

6/20/20  //  Quick Reactions

The Trump administration's apparent desire to force out the U.S. Attorney for SDNY could have implications for several major Supreme Court cases this term.

1/14/18  //  Daily Update

The Supreme Court will hear oral arguments about whether Courts of Criminal Appeals judges can constitutionally sit on Court of Military Commission Review, including the court at Guantanamo Bay.

12/24/17  //  Daily Update

The recent withdrawal of three judicial nominees is an aberration from President Trump’s large success in nominating young conservation jurists to the federal bench over the last year.

12/4/17  //  Daily Update

President Trump has signaled to friends his belief that a government shutdown would help him politically.

11/26/17  //  Daily Update

President Trump released a revised list of potential Supreme Court candidates, which many see as a signal to Associate Justice Anthony Kennedy. The White House fought back against criticism that the Federalist Society controls the administration's judicial appointments.

10/31/17  //  Daily Update

The future of the blue slip remains uncertain. A federal judge refused to erase Sheriff Joe Arpaio's conviction, even after the President's pardon.

10/8/17  //  Daily Update

The Supreme Court showed varying degrees of deference to the government's versions of the facts over the last term. One of President Trump's judicial nominees received a rare "not qualified" rating from the ABA.

2/12/18  //  Commentary

A recently filed amicus brief highlights how one court has departed from Whole Woman's Health and other cases.

6/26/18  //  Commentary

The real problem is the Trump Administration itself. What feels like damage today is largely the echo of damage that already happened, rather than something new.

6/15/18  //  In-Depth Analysis

By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides

3/23/17  //  In-Depth Analysis

The Trump administration is engaged in stunning constitutional hypocrisy. Measured against conservatives' professed commitment to "liberty" and "freedom," there is no serious distinction to be drawn between Obamacare and Trump's American Health Care Act.

4/10/17  //  Commentary

The Gorsuch nomination battle illustrates and exacerbates the dynamics of democratic deterioration. Reversing these trends will require elected officials to act with courage. It will also require significant structural changes to our political system.

4/30/18  //  Commentary

The Solicitor General is apparently still trying to figure out why the entry ban is constitutional.

7/12/18  //  Uncategorized

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss the retirement of Justice Kennedy and how his presumptive replacement may rule in Versus Trump cases. They then do some quick hits to update a handful of important cases. Listen now!

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!

7/13/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Easha discuss the cases against Trump University, the global settlement that was reached, and whether the pending challenge by a lone objector can—or should—alter the result. Listen now!

3/4/19  //  Commentary

One of the Supreme Court’s pending cases is potentially relevant to one of the challenges to the President’s emergency declaration.

11/1/17  //  In-Depth Analysis

In Masterpiece, the Petitioner's argument would wreak havoc on long established First Amendment principles, giving businesses a right to disregard content-neutral regulations of their conduct

5/8/17  //  In-Depth Analysis

The Trump administration has repeatedly (and incorrectly) argued that a policy does not constitute discrimination unless the policy discriminates against all members of a particular group.

6/22/17  //  Commentary

David Gans discusses Ziglar v. Abassi, a new SCOTUS ruling that makes it very hard for individuals to sue federal officials for trampling on federal constitutional rights

3/20/18  //  Quick Reactions

There's another reason the Court should take a close look at the cert petition in Williams v. Louisiana.

10/31/17  //  In-Depth Analysis

Robbie Kaplan and I have filed a brief on behalf of Church-State Scholars addressing the Free Exercise Clause issues in this important case.

7/15/17  //  Quick Reactions

DOJ rushed to the Supreme Court to ensure that the government wouldn't have to admit grandparents. Its arguments are silly.

1/18/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. Listen now!

11/26/18  //  Quick Reactions

We have at once a highly political appointment process and a strong judicial ethos of being above politics.

5/12/17  //  In-Depth Analysis

The Comey affair underscores that decisionmakers must look beyond the administration’s “official” documents to determine the administration’s motives.

10/8/19  //  Quick Reactions

It seems just last month Justice Gorsuch was saying his rule was not to “make it up" and was to "follow the law.” The Title VII cases allow us to see whether that's the case.

8/2/17  //  Commentary

The Court’s October Calendar Further Underscores That It Never Actually Intends To Resolve The Legality Of The Entry Ban

4/19/17  //  In-Depth Analysis

The additional plaintiffs in the CREW case unquestionably have standing.

3/20/17  //  In-Depth Analysis

A careful review of Judge Gorsuch's record reveals strong reason to believe that he would vote to uphold President Trump's revised Muslim Ban (and potentially many other executives abuses, too).

6/6/18  //  Quick Reactions

Justice Kennedy makes an open-ended call for tolerance and compromise in his opinion. For that, he should be commended

9/12/19  //  In-Depth Analysis

The Supreme Court recently made the exception into the rule for Establishment Clause cases, and signaled how it will refashion and discount disfavored precedent going forward.

6/29/17  //  In-Depth Analysis

Justice Gorsuch has already written seven separate opinions in his 78-day tenure on the Supreme Court. What should we make of that?

10/7/17  //  Commentary

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

5/10/18  //  Commentary

A different take on how presidential statements or the possibility of them might affect Trump v. Hawaii (the entry ban case).

6/5/18  //  Quick Reactions

In some cases, the public perception of a case — not its actual holding — is what is most important.

11/16/17  //  Commentary

Hargan v. Garza is but one instance in a broader attack on abortion access.

9/7/17  //  Commentary

On this week’s episode of Versus Trump, as summer ends and a new school begins, we re-air Jason's interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. We'll be back soon with new episodes.

10/1/19  //  Commentary

How the Supreme Court facilitated DHS’s plan to indefinitely detain minors and their families.

12/13/17  //  Commentary

The Senate’s confirmation process should be attentive to warning signs about nominees’ managerial temperaments.

6/16/17  //  Commentary

Filing an amicus brief joined by Republicans critical of the Trump Administration and with some claim of expert knowledge made by these Republicans related to the constitutional issues can be a powerful tactic to use in courts.

6/15/17  //  In-Depth Analysis

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss a lawsuit against the President that's been brought by a D.C. gadfly who claims that Trump did not provide sufficient detail on the financial disclosure form he submitted as a candidate. Then, Easha talks with Leah Litman about the status of the Muslim ban litigation and the role of oral advocacy in this and other high-profile cases. Listen now!

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!

2/28/18  //  Commentary

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

9/28/17  //  Commentary

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!

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

4/20/20  //  Quick Reactions

Ten thoughts on Ramos v. LA

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.

9/21/17  //  In-Depth Analysis

A sleeper issue is brought center stage by two leading religious liberty scholars

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.

4/15/19  //  In-Depth Analysis

Some recent cases suggest that, if anything, the Supreme Court should be harder on states in capital litigation proceedings. Instead, the Court has done the opposite.

4/6/18  //  Commentary

Reinhardt kept alive a powerful vision of the Constitution

8/29/19  //  Commentary

This week on Versus Trump, Jason and Charlie are back from a hiatus, and they discuss why the Trump Administration has been going to straight to the Supreme Court with emergency requests so frequently. Listen now!

8/14/17  //  In-Depth Analysis

Our amicus brief explains why the Justice Department’s jurisdictional arguments miss the mark

6/5/17  //  Commentary

The President's statements on the London attacks reveal how the President thinks about his entry ban, and also what he might do if there is ever an attack on the United States.

5/23/17  //  In-Depth Analysis

More reasons why the D.C. Circuit should not rely on the CFPB’s purported novelty to suggest the CFPB is unconstitutional

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.

5/4/17  //  Commentary

ICE Continues To Undermine DACA Despite Trump’s Protestations To the Contrary

10/31/18  //  Uncategorized

A hand-picked district court judge in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire country. Something is very wrong with that picture.

6/6/18  //  Commentary

A group of states has filed a new constitutional challenge in an effort to bring down health reform. But do they have standing to sue?

8/22/18  //  Commentary

In the coming weeks, the U.S. Supreme Court will consider whether to grant Lacaze v. Louisiana, a case raising profound questions for the constitutional standards governing judicial recusal where a judge has --but does not even disclose--concrete connections to the case being tried before him.

7/27/17  //  Commentary

By Jeffrey Crouch: Might Congress amend the Constitution to take the self-pardon question off the table permanently?

5/30/19  //  Commentary

Justice Thomas argues that because some people once favored a legal right to abortion for a bad reason, it should be banned today. That argument is mistaken.

9/29/17  //  Commentary

How much does the Supreme Court consider what the government has said in previous cases?

3/5/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss the D.C. Circuit's recent opinion holding that courts have no power to enforce subpoenas issued by the House. They discuss the opinion's rationale, whether it makes sense, and whether the House might—or should—take the court up on its offer to start jailing Trump Administration officials in their own brig. Listen now!

6/20/17  //  Commentary

The President’s clarifying memorandum undercuts the legitimate rationale the executive order and DOJ had offered for the entry ban. An amicus brief filed in the Supreme Court explains why that matters.

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.

5/3/17  //  Commentary

With the AHCA back on the table, it's time to remember that the GOP really doesn’t like the constitutional arguments it made against the ACA

6/12/17  //  Commentary

In a new lawsuit, Maryland and D.C. allege that the President's violations of the Emoluments Clauses harm their sovereign, quasi-sovereign, and proprietary interests. Those interests get special solicitude in federal court.

2/13/19  //  In-Depth Analysis

Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.

1/28/19  //  Commentary

Subsequent events have made clear that courts were--and are--right to recognize that all is not regular in the executive branch.

12/22/17  //  Quick Reactions

We offer a few quick reactions to yesterday's opinion dismissing one of the emoluments cases on standing grounds.

12/7/17  //  Commentary

Robust protection of speech does not require gutting laws that help ensure that all persons—regardless of race, gender, religion, or sexual orientation—can buy the good and services they desire, free from discrimination.

10/19/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. Listen now!

2/18/20  //  Commentary

The administration often tries to foist blame on the courts for its politically unpopular policies--or to have the courts effectuate its politically unpopular policies for the administration.

4/27/20  //  Quick Reactions

On what the Supreme Court's opinions today suggest about next term's challenge to the ACA.

4/27/20  //  Quick Reactions

The dissenters in the New York gun case confirm that their reasoning in RNC v. DNC was a makeweight shell game.

6/5/18  //  Commentary

There are times when strategic ducking makes sense practically if not strictly legally

12/23/19  //  Commentary

An HLS Clerkship Blog encapsulates some of the challenges to the profession in light of Trump’s reshaping of the federal judiciary.

1/29/18  //  In-Depth Analysis

Prisoners sentenced under the mandatory Sentencing Guidelines are not faring well in the courts of appeals, and the Supreme Court won't have a ton of opportunities to correct those decisions, if it thinks they are wrong.

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.

3/24/17  //  Commentary

The Supreme Court is considering a major constitutional challenge to federal immigration detention policies. Trump’s recent executive orders make that case even more significant.

6/15/17  //  In-Depth Analysis

The President's "clarifying" memorandum undermines the facial legitimacy of the entry ban, and the government's stated purposes for the entry ban.

5/9/17  //  Commentary

In a new op-ed, Erwin Chemerinsky and I argue that the entry ban is unconstitutional because it was driven by animus toward Muslims.

8/19/19  //  Commentary

Intervening legal developments counsel against granting the Solicitor General’s recent petition for certiorari on the expedited removal system.

6/20/17  //  Commentary

Yesterday's SCOTUS ruling in Ziglar v. Abbasi makes it all but impossible for civil rights plaintiffs to sue federal officials for money damages.

3/20/17  //  In-Depth Analysis

Although Judge Gorsuch is often described as "good" for the separation of powers, on key issues he is a formalist and would take a decisively pro-presidential view.

5/16/18  //  Commentary

On Thursday, the one year anniversary of Special Counsel Robert Mueller’s appointment, attorneys for Donald Trump will stand up in a court of law to answer questions for the first time related to Russia. But it won’t be in the Mueller investigation.

6/12/17  //  Quick Reactions

The government's motion to dismiss alternately characterizes CREW's lawsuit as a case involving "official action" and a case involving solely a private "business venture." The different descriptions go to the core of CREW's lawsuit, which is that given the President's business affairs, we don't know when he's acting as President or as a businessman.

12/19/19  //  Quick Reactions

The U.S. Court of Appeals for the Fifth Circuit just gave the Republican Party a huge and unjustified gift.

3/18/19  //  Quick Reactions

Current events provide an occasion for the Court to rethink its agreement with the unitary executive theory. In fact, it’s already done so.

6/27/17  //  Commentary

Many commentators have misunderstood the significance of a per curiam ruling by the Supreme Court yesterday.

7/31/18  //  Commentary

Judge Brett Kavanaugh’s supporters claimed that his nomination would mean a sharp right turn for the Court; but since his nominated, they have promised he will review cases as they come.

5/10/17  //  Commentary

Our country has a very strong, very important norm of apolitical law enforcement. But this norm, ironically, is enforced mostly by politics, not law—and Trump’s action has risked doing it irreparable damage. Going forward, here's what to watch at the state and federal levels.

9/12/17  //  Commentary

This would ensure that the novel constitutional questions surrounding the pardon receive full adversarial testing

8/16/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie begin their run of shows with Easha on leave and discuss a fascinating new lawsuit contending that the Trump Administration is unconstitutionally "sabotaging" the Affordable Care Act as a whole. Listen now!

9/3/19  //  In-Depth Analysis

The Supreme Court’s decision to stay the injunction against the President’s construction of the border wall made no sense. It is also part of a troubling trend of restricting remedies against unlawful government action.

3/3/19  //  Commentary

The decision is justifiable as a bright-line rule, but the case was not quite the no-brainer that the justices imagined

4/26/17  //  Quick Reactions

Everyone should give a tip of the hat to the new plaintiffs in the CREW v. Trump lawsuit.

5/8/17  //  In-Depth Analysis

It is time to ask: Has Trump in effect forfeited some measure of judicial deference across contexts and cases, through his disrespect for the courts and the rule of law and his displays of prejudice and arbitrary decisionmaking? And if he has not yet reached that point, what more would it take?

6/1/17  //  Commentary

Trump’s defenders have long ascribed illegitimate motives to his critics. Now they’re doing that to the judges who have found Trump’s policies unlawful. That’s not okay.

10/10/17  //  In-Depth Analysis

Some thoughts on a brief in a case the Court had scheduled to hear today.

6/11/18  //  In-Depth Analysis

We must think more carefully about the role that federal courts can and should play at earlier stages of what may become impeachment investigations

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!

6/7/18  //  Quick Reactions

By Nelson Tebbe & Larry Sager: Now is the time to solidify our understanding of Masterpiece, because other wedding vendor cases are still pending in the Supreme Court and in lower courts.

12/18/18  //  Commentary

There is no good legal argument for thinking that two guys from Texas have standing to challenge a law that doesn’t require them to do anything.

6/6/18  //  Commentary

Jennings v. Rodriguez underscores how prior administrations, with the agreement of the federal courts, argued for expansive authority over immigration and immigration detentions that were ripe for abuse.

12/6/18  //  Uncategorized

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

5/8/18  //  Commentary

The SG's letter of correction to the Supreme Court says more about the kind of misstatements he will tolerate rather than the kind he won't.

5/5/17  //  Commentary

Basic principles of constitutional structure mean Trump is, and should be held, personally responsible for ICE’s egregious treatment of the DREAM-ers.

6/2/17  //  Quick Reactions

The government's petition for certiorari and stay requests raise some difficult timing issues in the travel ban litigation.

6/7/17  //  Commentary

Texas’s Amicus Brief Makes An Argument That Is So Obviously Wrong Some People Thought It Was Not Worth Responding To

6/29/17  //  Commentary

The administration has again attempted to push the boundaries to see what it can get away with on the travel ban guidance.

5/10/17  //  Commentary

Sometimes, when an emissary of the President asks courts to “trust us,” things the President does elsewhere can fatally undermine judicial confidence in the President’s respect for rule of law values. We’ve seen it before and we’re about to see it again.

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.

9/28/17  //  Commentary

How much does the Supreme Court consider what the government has said in previous cases?

9/26/17  //  In-Depth Analysis

Now former DOJ officials are calling him on it.

2/4/19  //  In-Depth Analysis

Recently revealed errors in the report that the administration created pursuant to the second entry ban further underscore the parallels between Korematsu v. United States and the entry ban.

10/26/17  //  In-Depth Analysis

DOJ now argues that people who are in prison based on mistaken understandings of criminal statutes must stay there. The Supreme Court should consider granting certiorari to correct its mistake (and the Eleventh and Tenth Circuits’).

12/6/17  //  In-Depth Analysis

If the baker loses in Masterpiece, could the government compel an African American sculptor to sculpt a cross for a Klan service? No, it could not.

2/25/19  //  Quick Reactions

The concurring opinions in Timbs v. Indiana raise some concerns about how (some of) the Justices would address the Trump administration’s treatment of undocumented minor women.

9/9/19  //  Quick Reactions

The oral argument in the TPS case featured a line of questioning that suggested one of the judges had not read the relevant Supreme Court case.

6/5/17  //  Commentary

The President's latest statements on Twitter undermine DOJ's defense of the entry ban, and continue the President's efforts to blame everyone (including DOJ and the courts) but himself.

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.

6/25/18  //  In-Depth Analysis

Many of the Supreme Court’s recent decisions tell us what we need to know: Under any meaningful standard for assessing government motives, the entry ban must fail.

5/19/17  //  Commentary

The major constitutional challenge to the Consumer Financial Protection Bureau rests on the claim that the President of the United States does not have enough power over the agency.

6/28/18  //  Commentary

After two special interview episodes of Versus Trump, Jason and Charlie get back to the usual format and talk about the leaked Dowd memo arguing that President should not be required to sit for an interview with the Special Counsel. Listen now!

4/10/17  //  Commentary

The filibuster repeal itself is ultimately far less important than some deeper trends it reflects concerning partisanship, institutional norms, and the separation of powers in our constitutional order.

4/17/19  //  In-Depth Analysis

The Supreme Court has insisted on relitigating and reaffirming its decision in Dunn v. Ray. So let's do that.

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!

5/22/17  //  In-Depth Analysis

This two-part series explains why the CFPB’s purportedly novel structure is not a sign that the CFPB’s structure is unconstitutional.

10/30/17  //  In-Depth Analysis

Thomas C. Berg and Douglas Laycock respond to criticism of their amicus brief in the Masterpiece Cakeshop case.

6/4/18  //  Quick Reactions

In Masterpiece Cakeshop, Justice Kennedy tells us a lot about why the Court should reject the government's arguments on the First Amendment claim in the entry ban case.

4/27/17  //  In-Depth Analysis

Critics of the standing arguments in CREW v. Trump are defining the new plaintiffs’ injury in the wrong way.

7/6/17  //  Commentary

On this week’s episode of Versus Trump, we celebrate Independence Day with a look at the past, present, and future of judicial independence. Jason and Easha discuss the origins of judicial power, and then talk about what the Trump Administration has done that may undermine the authority of the judiciary—and where that kind of talk might lead us. Listen now!

1/23/19  //  Commentary

A recently leaked document highlights the perils of government lawyering on behalf of the Trump administration.

7/13/17  //  In-Depth Analysis

Some commentators are seizing on court orders in the proceedings related to the scope of the injunction against the entry ban as an indication that courts are rethinking their decisions against the entry ban. That's wrong (with a cautionary note about the federal courts).

9/25/17  //  Commentary

The government and the courts have proven that one of the administration’s justifications for the now expired entry ban was a joke.

12/8/17  //  Commentary

By Vicki Jackson & Judith Resnik: Upholding the third travel ban out of deference to the President on matters of foreign affairs would be a tragic mistake.

6/12/17  //  Quick Reactions

A quick recap of the Ninth Circuit's decision in Hawaii v. Trump with thoughts about what it portends for the Supreme Court.

6/24/19  //  Quick Reactions

The reach of the Supreme Court’s opinion in United States v. Davis will be dictated by a host of procedural rules.

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!

6/8/17  //  Commentary

The government’s litigation strategy in the travel ban litigation undermines the purported national security rationale for the entry ban.

6/3/17  //  Commentary

I've argued that the Supreme Court shouldn't grant review of the travel ban case because 33 hours after the Respondents file their response to the petition for certiorari on June 12, the entry ban will no longer be operative. Here I respond to two purportedly “plausible” alternative interpretations of the executive order offered by William Baude.

1/15/20  //  Commentary

The government's filings on why the Court should delay hearing the case only underscore the reasons for the Court to end this litigation now.

6/29/17  //  Commentary

The challenged Arkansas law most certainly violated Obergefell's call for equal access to the constellation of benefits that accompany marriage. The per curiam got it right.

5/25/17  //  Quick Reactions

A quick recap of the Fourth Circuit's decision in IRAP v. Trump.

6/21/17  //  Quick Reactions

An analysis of DOJ's latest filing at SCOTUS in the travel ban cases.

5/11/17  //  Commentary

The Presumption of Regularity, Like All Presumptions, Is Rebuttable, Not Conclusive Evidence

4/22/19  //  Commentary

We recently filed an amicus brief asking the Fifth Circuit to apply the well settled rule that states may not prohibit women from accessing abortions prior to viability.

11/14/17  //  In-Depth Analysis

Tom Berg and Douglas Laycock defend a novel theory that could eviscerate civil rights laws

5/30/17  //  In-Depth Analysis

A detailed guide to how and when the Muslim Ban might reach the Supreme Court (and why this question really matters).

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!

5/6/18  //  Latest Developments

Amir Ali has filed a letter at the Supreme Court concerning an erroneous factual representation by the Solicitor General

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!

1/29/19  //  In-Depth Analysis

Another recent decision from a court of appeals (this time the Fifth Circuit) illustrates how states and courts can undermine women’s right to decide to end their pregnancies without formally overruling the relevant Supreme Court decisions.

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.

6/7/18  //  In-Depth Analysis

A system that threatens to overturn any administrative decision that appears tainted – even harmlessly – by signs of religious bias is one that will inevitably favor religious interests over other concerns

11/5/19  //  In-Depth Analysis

On this week’s Versus Trump, Jason, Charlie, and Easha talk executive privilege. They outline the legal landscape of several hard questions in this area, like can the President completely prevent executive officials from testifying, and what role do the courts play here? Listen now!

5/22/18  //  Commentary

A recent article shows why federal courts can and should revisit the convictions and sentences of many federal prisoners affected by Sessions v. Dimaya.

4/11/18  //  Commentary

The Supreme Court's recent summary reversal in Kisela v. Hughes demonstrates some serious issues with the Court's approach to remedies in cases of executive violations of constitutional rights.

5/17/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy. Listen now!

4/28/17  //  Commentary

The various ways that standing skeptics have distinguished cases supporting standing in CREW are unpersuasive.

12/7/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha are joined by Take Care publisher Joshua Matz to talk about the Masterpiece Cake Shop oral argument, plus the status of Muslim Ban litigation and the future of Take Care.

10/2/17  //  In-Depth Analysis

The government is arguing it can deprive noncitizens of their legal rights simply by making it too difficult and painful to vindicate those rights.

8/26/19  //  Commentary

The Trump administration’s revamped expedited removal system unsettles the rulings that upheld the expedited removal system against constitutional challenges.

5/9/17  //  Commentary

Our treasure of an independent judiciary is built upon an assumption of independence, of transparency about influence and potential conflicts, and accountability to the democratic process. When massive amounts of dark corporate money can affect those political processes, we are in grave danger of damaging that national treasure.

6/26/18  //  Quick Reactions

In Trump v. Hawaii, the Court reminded us that the courts will not be there to save us. It is up to us, instead.

5/17/17  //  Commentary

On today's two-part episode of Versus Trump, Take Care's podcast, we answer three burning questions related to whether the sitting President can face criminal charges, and how that prosecution could be started. We also have an interview with James Williams, the County Counsel for Santa Clara County, where he discusses his County's lawsuit against Trump Administration that has so far successfully prevented the Trump Administration from enforcing an executive order that would have withdrawn federal funding from so-called sanctuary cities.

6/12/17  //  Commentary

Justice Ginsburg's opinion in Sessions v. Morales-Santana exacerbates many of the shortcomings of our immigration system.

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.

9/25/17  //  Commentary

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

3/16/17  //  Commentary

An analysis of Judge Bybee's dissent from denial of rehearing en banc in Washington v. Trump, and some predictions about the future of President Trump's revised entry ban.

7/15/19  //  Quick Reactions

Even though the administration ultimately caved and chose not to include a citizenship question on the census, its two-week flirtation with including a citizenship question on the 2020 census had significant costs.

4/16/17  //  Daily Update

Judge Neil Gorsuch was sworn in as a Supreme Court justice.

4/23/17  //  Daily Update

Advocates continue to discuss the politicization of the Supreme Court and President Trump may have nominate three new Third Circuit judges.

6/25/17  //  Daily Update

Analysts look at President Trump's judicial nominees.

4/2/17  //  Daily Update

Niko Bowie argues on Take Care that the Supreme Court's recent warnings against appointments of "unfit characters" and "family connection" may be relevant to legally dubious Trump Administration appointments. Leah Litman and Dan Deacon explain that the judicial backlash to President Trump's revised entry ban is standard judicial practice in response to extraordinary events. And the Chief Justice of California used her State of the Judiciary Address to critique President Trump's immigration policies.

8/20/17  //  Daily Update

The Trump administration continues to fill the many federal judicial vacancies around the country. The presidential Twitter lawsuit raises important questions regarding the judiciary's injunctive authority.

4/9/17  //  Daily Update

7/16/17  //  Daily Update

Judge Janice Rogers Brown of the DC Circuit announced plans to step down, giving President Trump another opportunity to continue moving the federal judiciary to the right.

7/23/17  //  Daily Update

Transgender students are turning to the courts to fill the void left by the Department of Education under President Trump. Litigation over the immigration ban may change the scope of the plenary-power doctrine.

5/14/17  //  Daily Update

The relationship between President Trump and the judiciary is already different than that of previous administrations. Dark money might be affecting the judicial appointments process.

4/30/17  //  Daily Update

President Trump threatened to break up the Ninth Circuit Court after a disfavorable ruling against the revised travel ban.

5/7/17  //  Daily Update

President Trump's bashing of the judiciary may only reinforce the perception that his immigration ban is unconstitutional.

7/9/17  //  Daily Update

Commentary continues on President Trump's judicial nominees.

6/11/17  //  Daily Update

Commentators assessed the Supreme Court's role in considering the Trump Administration's travel ban.

3/26/17  //  Daily Update

Experts questioned whether Judge Neil Gorsuch would provide a robust check on President Trump if confirmed to the Supreme Court and whether Obama-era legal precedents will provide dangerous latitude to the new administration.