Recent | Take Care

Republicans['] Own Constitutional Discourse

Democrats used to dominate constitutional discourse. Now Republicans do.

Columbia Law School

Gender Hypocrisy Watch

The administration’s recent claims about gender violence and the humanitarian crisis at the border underscore the administration’s hypocrisy on issues related to gender.

Leah Litman

Michigan Law School

Versus Trump: California X Trump

3/7/19 // In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss a new lawsuit from California challenging new regulations regarding Title X, an important federal family planning program. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

The Procedure Fetish

3/7/19 // Commentary

If adding new administrative procedures will so obviously advance a libertarian agenda, might not relaxing existing administrative constraints advance progressive goals?

Nick Bagley

University of Michigan Law School

SCOTUS And The Wall

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.

Leah Litman

Michigan Law School

Insubordination and Impeachment

3/4/19 // Commentary

The widespread executive branch practice of ignoring Trump's statements—or treating them as merely advisory—has saved him from potentially dire political consequences

Joshua Matz

Laurence H. Tribe

Harvard Law School

Might the SCOTUS be Wrong in its Unanimous Ruling that Dead Judges Can't Judge?

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

Michael C. Dorf

Cornell Law School

The Voting Rights Advancement Act of 2019

3/1/19 // Commentary

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

Travis Crum

Washington University in St. Louis

Versus Trump: Is The State Department Discriminating Against Same-Sex Marriages?

2/28/19 // Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss a decision from a federal court in Los Angeles ordering the Trump Administration to grant citizenship to both children of a same-sex couple born abroad to one U.S. parent. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Against Establishment Clause Concession

2/28/19 // In-Depth Analysis

There are reasons to worry about whether certain liberal justices on the Supreme Court fully appreciate that we are at an inflection point in the history of the Religion Clause

Nelson Tebbe

Brooklyn Law School

Micah Schwartzman

University of Virginia School of Law

What’s Next for the Presidential Transition?

2/26/19 // Commentary

Congress must take steps to ensure that any 2020 transition is an improvement over Trump's transition in 2016

A Note Of Caution About Timbs v. Indiana

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.

Leah Litman

Michigan Law School

Is Trump's Emergency Unconstitutional or 'Merely' Illegal? And Does it Matter?

2/24/19 // Commentary

And because Trump is a threat to constitutional democracy, the stakes over whether to call his bogus emergency 'merely' unlawful or also unconstitutional are non-trivial.

Michael C. Dorf

Cornell Law School

Wither the Establishment Clause: The Bladensburg Cross Case

2/24/19 // In-Depth Analysis

The Bladensburg Cross case has our country on the verge of abandonment of longstanding and hard won principles about the secular character of American government. SCOTUS can and should step back from the brink.

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

Don’t Let Impeachment Dominate Politics

2/22/19 // Latest Developments

It is surely ironic for the authors of a book about impeachment to warn about the risks of too much focus on impeachment. But that's what we do in our latest Atlantic essay.

Joshua Matz

Laurence H. Tribe

Harvard Law School