Asymmetric Geographical State Standing
The recent DC/Maryland emoluments case reflects a truth known to the Framers: jurisdictions geographically closer to the national capital would have a different relationship with federal power.
Versus Trump: A Gadfly Suit + Leah Litman
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!
Updates | The Week of May 29, 2017
The Chief Justice of the California Supreme Court is gaining notoriety in her responses to the challenges posed by the Trump administration.
Taking the Nuclear Option Off the Table
Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price, the case about the ACA’s cost-sharing reductions. At the same time, they asked the court to hear the case promptly. This is a bigger deal than it may seem, and could offer some comfort to insurers that are in desperate need of it.
Updates | The Week of May 1, 2017
State Attorneys General wrote to the Department of Education criticizing student loan lender practices after the agency rolled back Obama-era reforms protecting student borrowers. California is again looking to revamp the state's climate policy.
Updates | The Week of April 17, 2017
States are leading efforts to preserve the Clean Power Plan, to require tax return disclosure for presidential candidates, and to protect against a crackdown on marijuana legalization.
Updates | The Week of April 10, 2017
President Trump signed a law nullifying an Obama-era regulation forbidding states from removing reproductive health care providers such as Planned Parenthood from Medicaid. Federal and state governments pose threats to city autonomy during the Trump administration.
It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies
Why California Stands in the Way of Trump's EPA
President Trump recently announced that EPA will reconsider fuel efficiency standards. But so long as California remains free to set its own, more protective standard, Trump's decision may not matter very much. And the law is squarely on California's side.
An Unconstitutional Threat to Sanctuary Cities
DOJ argues that courts can't hear challenges to Trump's executive order threatening to punish sanctuary cities. Its arguments are wrong and prove that Trump's policy is illegal.
The Attorney General, Hawaii Statehood, and National Injunctions
The AG's comments denigrating Hawaii statehood are objectionable for many reasons. But don't overlook his underlying complaint about national injunctions—which conservatives spent years developing and have suddenly, painfully discovered can be used against them.
Why Trump’s Firing of Comey is Terrifying
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.
California v. DOJ on Immigration Enforcement
An exchange of letters between the California Chief Justice and Attorney General Sessions offers valuable lessons for states considering immigrant protective policies that respect human rights and dignity (but might annoy the Trump Administration).
The Attack on American Cities
Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.
Versus Trump Podcast: Prosecuting Trump FAQ + James Williams
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.
Updates | The Week of April 3, 2017
Attorney General Jeff Sessions’s memorandum outlining task forces on various policies, including federal marijuana policy, has some state governors poised to fight back—governors of four Western states warned Attorney General Sessions and Treasury Secretary Mnuchin against interfering with state laws legalizing marijuana use.
Updates | The Week of March 27, 2017
Cities and states have taken action in the wake of President Trump's executive order threatening to revoke federal funding from sanctuary cities. Further, California may thwart President Trump's plans to gut Obama-era fuel emissions standards.
Updates | The Week of March 20, 2017
Federalism principles protect sanctuary cities from President Trump's executive order, and state attorneys general may be key actors in challenging President Trump's policies.