Recent | Take Care

Versus Trump: 2-For-39

This week on Versus Trump, Jason discusses some fascinating research about how the Trump Administration has fared in the courts with Bethany Davis Noll, the Litigation Director at the Institute for Policy Integrity. They discuss challenges to Trump's regulatory agenda, why the Administration is losing at a historic rate, what is slipping through the cracks, and what come next. Listen now!

Jason Harrow

Gerstein Harrow LLP

Versus Trump: It's Here!

4/25/19 // In-Depth Analysis

This week on Versus Trump, Charlie, and Easha discuss the long-awaited Mueller Report. They break down the report step-by-step, discuss the legal issues it raises, and have an all-around good time while they're at it. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Trump Cannot Appeal an Impeachment Judgment to SCOTUS

4/24/19 // In-Depth Analysis

In this excerpt from our book, we explain why the Framers decided against assigning the Supreme Court a role in adjudicating impeachments

Joshua Matz

Laurence H. Tribe

Harvard Law School

For Campaign Finance Violators, Crime Pays

4/24/19 // Commentary

Michael D. Gilbert and Samir Sheth: As the 2020 election cycle gets underway, more super PACs might flout the rules, confident that their punishment won’t fit the crime

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Policing a Partisan Census

4/22/19 // In-Depth Analysis

SCOTUS would do well to remember that elections — and the agencies that administer them — require special safeguards

Jennifer Nou

University of Chicago Law School

The Constitutional Rule Against Bans On Previability Abortions Applies to Mississippi

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.

Leah Litman

Michigan Law School

Take Care

Mueller Report Counterspin: We Still Don't Know Why Trump Denied Russian Interference

4/19/19 // In-Depth Analysis

The Mueller Report could but won't be used as the basis for impeachment. Meanwhile, it leaves two fundamental questions unanswered.

Michael C. Dorf

Cornell Law School

Versus Trump: Dems vs. The IRS?

4/18/19 // Commentary

This week on Versus Trump, Jason, Charlie, and Easha discuss the brewing dispute over Trump's tax returns. Listen now!

Beyond Resistance: A Guide for Local Governments to Protect Their Communities

4/18/19 // Latest Developments

By Jill E. Habig and Joanna Pearl: Here's how cities and states can protect their residents' rights

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Relitigating Dunn v. Ray

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.

Leah Litman

Michigan Law School

What Congress Can Do To Obtain President Trump’s Taxes

4/15/19 // In-Depth Analysis

Here are the steps Congress can (and should) take to review the President's tax returns as expeditiously as possible

Brianne J. Gorod

Constitutional Accountability Center

Something Is Rotten In States’ Execution Protocols And Capital Litigation at SCOTUS

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.

Leah Litman

Michigan Law School

Versus Trump: Healthcare Update (With Guest Greer Donley)

4/11/19 // In-Depth Analysis

This week on Versus Trump, Jason and Charlie talk with special guest Greer Donley, a law professor at University of Pittsburgh School of Law, to talk about the latest developments in litigation related to Obamacare, including the stunning DOJ reversal in Texas, and recent decisions prohibiting states from adding work requirements to Medicaid. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

The Mandatory Guidelines Predicament in the Sixth Circuit

4/11/19 // Commentary

A recently filed amicus brief asks the Sixth Circuit to reconsider en banc whether prisoners challenged under the mandatory Guidelines can ever air the claim that their sentences are unconstitutional in light of Johnson v. United States.

Leah Litman

Michigan Law School

President Trump, Acting Appointments, and Why You Should Care

4/8/19 // Commentary

President Trump has a pattern of ignoring the law to install acting officials of his own choosing

Brianne J. Gorod

Constitutional Accountability Center