How the Trump Administration is Evading Senate Advice and Consent

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.

Brianne J. Gorod

Constitutional Accountability Center

With Passage of COVID-19 Relief Package, Vigorous Congressional Oversight Will Be Key

4/7/20  //  Commentary

By Brianne Gorod and Becca Damante: Congress’s $2 trillion relief legislation is the largest aid package in modern American history. That’s a lot of discretion to give to an Administration in which self-dealing and corruption are disturbingly common. There is thus an urgent need for vigorous congressional oversight.

Brianne J. Gorod

Constitutional Accountability Center

The Truman Committee and the Importance of Emergency Oversight

4/6/20  //  Commentary

By Charlie Miller & Brianne Gorod: House Speaker Nancy Pelosi has announced a Select Committee on the Coronavirus Crisis. The Truman Commission offers a model for oversight of the COVID-19 response.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Trump vs. The Mainstream Media

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!

Charlie Gerstein

Civil Rights Corps

Why HHS Can't Keep Cutting Corners As It Attempts To Undo Non-Discrimination Protections

3/30/20  //  In-Depth Analysis

HHS has recently tried to essentially repeal an important rule that prevents the Department from discriminating across its many programs. But, as contributor Harper Jean Tobin explains, its rule making is both substantively and procedurally illegal.

Harper Jean Tobin

National Center for Transgender Equality

It’s Past Time for President Trump to Use the DPA

3/30/20  //  In-Depth Analysis

It’s way past time for the Administration to use the Defense Production Act now

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Should Vulnerable Detainees Be Released?

3/27/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss a lawsuit in Seattle, Dawson v. Asher, requesting that several vulnerable people in immigration detention be released. They discuss the legal standard for detention, why detention centers are particularly dangerous places, and what courts will be balancing when they consider these requests for release. Listen now!

Charlie Gerstein

Civil Rights Corps

The Wide Array of Amicus Briefs in the Congressional Oversight Cases Underscore Their Importance

3/23/20  //  In-Depth Analysis

By Ashwin Phatak and Charlie Miller: This Term, the Supreme Court will hear a pair of consolidated cases concerning Congress’s oversight and investigative powers. A number of amicus briefs filed in the Court explain in different ways the broader issues at stake in these cases.

Take Care

COVID-19, the ACA, and the Role of the Federal Government

3/23/20  //  Commentary

Congress has a crucial role to play in keeping us safe from COVID-19. Notwithstanding baseless continued attacks on the Affordable Care Act, Congress is fully empowered to legislate on these issues.

Versus Trump: Should Democrats Try And Pack The Supreme Court?

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!

Red State Legislatures Cannot Cancel The Upcoming Presidential Election

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.

Trump Isn't The Only Government Official Not Doing Enough To Protect Public Health

3/12/20  //  Quick Reactions

The President has been harshly criticized for his inadequate response to coronavirus. But state and local officials have the legal authority to do much more than they are doing to protect health and safety. They need to act now, with or without the President's support.

Versus Trump: Lots To Discuss...

3/12/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason cover a number of outstanding decisions and issues that they've missed over the last month. They talk Mueller Report, Medicaid work requirements, and more. Listen now!

Charlie Gerstein

Civil Rights Corps

Taking Pandemic and Military Powers Away from the President

3/9/20  //  Commentary

The current coronavirus epidemic shows why it's often a good idea to vest specific executive authority in officers other than the President.

Zachary Price

U.C. Hastings College of the Law

Congressional Oversight in the Midst of Coronavirus

3/6/20  //  Commentary

Congress has historically exercised its broad oversight authority to investigate public health crises and the executive branch’s responses to them, and it can do the same here.

Brianne J. Gorod

Constitutional Accountability Center