A Rough Guide to Amicus Briefs In the Travel Ban Cases

4/24/17  //  Latest Developments

Take Care offers a quick, rough breakdown of the amicus briefs filed last week concerning President Trump's revised executive order.

Take Care

CREW’s New and Improved Legal Complaint Against Trump

4/24/17  //  Commentary

Matthew Stephenson (Harvard Law School) analyzes CREW's emoluments clause lawsuit against President Trump, discussing the recent addition of two plaintiffs and the likely course ahead.

Take Care

Trump Is Weakening His Only Defense of the Sanctuary Cities Order . . . by Enforcing It

4/24/17  //  Commentary

DOJ argues that Trump's orders threatening sanctuary cities can't be challenged because they remain speculative. But a recent volley of menacing letters from DOJ to sanctuary cities and counties, and to the State of California, has blasted a hole in DOJ's own defense.

Nikolas Bowie

Harvard Law School

The Muslim Ban: Answering Tough Questions About Motive

4/21/17  //  In-Depth Analysis

The opinion by then-Justice Rehnquist in Hunter v. Underwood (1985), a case about denying the right to vote for racist reasons, offers thoughtful answers to many of the hardest questions that you might ask about motive and the Muslim Ban.

Richard Primus

University of Michigan Law School

The Attorney General, Hawaii Statehood, and National Injunctions

4/21/17  //  Quick Reactions

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.

Joshua Matz

Publisher

Echoes of History in Objections to Federal Enforcement of Voting Rights

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.

Leah Litman

U.C. Irvine School of Law

A Different View of Why the Muslim Ban Violates the Establishment Clause

4/20/17  //  Commentary

A diverse group of leading constitutional law scholars—representing many different views about the Establishment Clause—has filed an amicus brief challenging the Muslim Ban. Here's what you need to know.

Joshua Matz

Publisher

Announcing Our New Podcast: "Versus Trump"

4/20/17  //  Latest Developments

Take Care is pleased to announce the release of "Versus Trump," a new, affiliated podcast about the ways that the Trump Administration is breaking the law—and what people are doing about it.

Take Care

Information Wars Part V: Immigrant Crime Disinformation

4/20/17  //  Commentary

In its war on information, the Trump administration is not just trying to hide the facts. It’s also trying to misrepresent them.

Leah Litman

U.C. Irvine School of Law

There’s Unquestionably Standing in the CREW Case. Here’s Why.

4/19/17  //  In-Depth Analysis

The additional plaintiffs in the CREW case unquestionably have standing.

Jonathan Taylor

Gupta Wessler PLLC

Information Wars Part IV: Doing Violence To Sensible Policy on Guns

4/19/17  //  Commentary

The Trump administration’s efforts to disguise the facts by not deigning to look for them—and discouraging others from doing so—resemble the United States’ policy on research related to gun violence and gun possession.

Leah Litman

U.C. Irvine School of Law

Competitor Plaintiffs in Emoluments Clause Case Bolster Standing

4/19/17  //  Commentary

CREW has amended its complaint in the widely-watched emoluments case. The addition of two new plaintiffs should make the lawsuit bulletproof on standing grounds.

Michael C. Dorf

Cornell Law School

The Trump Administration May Already Have What It Needs for a Serviceable (and Unconstitutional) “Muslim Registry”

4/19/17  //  In-Depth Analysis

The Trump Administration may already have the tools it would need to predict with high accuracy the religious identity of a significant percentage of U.S. citizens and visiting Muslims. And software engineers, not lawyers, may be our first line of alarm and defense.

Is the Trinity Lutheran Church Case Moot?

4/18/17  //  Commentary

Under President Trump, questions about the role of religion have come to the fore. The Supreme Court was set to decide a major Free Exercise issue this Term, but it now seems that the case is moot.

Marty Lederman

Georgetown Law

Will Trump’s Lawyers Rewrite and Invert the Emoluments Clause?

4/18/17  //  In-Depth Analysis

NYT has leaked one of DOJ's theories in the emoluments clause case: that this is a "political question." Any such argument, however, would be exceptionally weak as a matter of text, precedent, and purpose, and would completely invert the basic operation of the Foreign Emoluments Clause.

Joshua Matz

Publisher