Korematsu And The Entry Ban (Again)

2/4/19  //  In-Depth Analysis

Recently revealed errors in the report that the administration created pursuant to the second entry ban further underscore the parallels between Korematsu v. United States and the entry ban.

Leah Litman

Michigan Law School

The National Emergencies Act Is Not a Blank Check

2/1/19  //  Uncategorized

The National Emergencies Act doesn't give the President unlimited power to declare a national emergency even when no emergency exists

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Kids vs. Climate Change

1/31/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason, Easha, and Charlie discuss recent developments in a long-running case where young people claim that the federal government's inaction on climate change violates their right to live in a habitable world in the future. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Historical Practice and Case Law Support Broad Congressional Oversight Powers

1/30/19  //  In-Depth Analysis

By Ashwin Phatak: Here's how Congress can use its investigatory powers to hold the Trump Administration accountable

Take Care

Getting To No On Roe: It Continues

1/29/19  //  In-Depth Analysis

Another recent decision from a court of appeals (this time the Fifth Circuit) illustrates how states and courts can undermine women’s right to decide to end their pregnancies without formally overruling the relevant Supreme Court decisions.

Leah Litman

Michigan Law School

Revisiting The Presumption of Regularity

1/28/19  //  Commentary

Subsequent events have made clear that courts were--and are--right to recognize that all is not regular in the executive branch.

Leah Litman

Michigan Law School

Versus Trump: Ask Charlie About The Census

1/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason asks Charlie to take us through the mammothly long, massively important opinion from the Southern District of New York invalidating the proposed citizenship question on the 2020 Census. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Final Thoughts on Prosecuting the President

1/24/19  //  In-Depth Analysis

Thoughts on the past, present, and future of special prosecutors

Andrew Coan

University of Arizona

Another Attempt To Defend the ACA Against Trump Administration Attacks

1/23/19  //  In-Depth Analysis

As part of Trump's relentless war on the Affordable Care Act, the Department of Labor passed a rule designed to gut key protections. Now it's been sued. Here's what you need to know.

Take Care

Immigration Lies And The Supreme Court

1/23/19  //  Commentary

A recently leaked document highlights the perils of government lawyering on behalf of the Trump administration.

Leah Litman

Michigan Law School

Prosecuting the President and the Importance of Information

1/18/19  //  In-Depth Analysis

It's vital for the public to understand why we have a special prosecutor and how to ensure he's free to complete his work

Lisa Manheim

UW School of Law

Special Prosecutors and the Structure of Office-Holding

1/18/19  //  In-Depth Analysis

Trump can't control Mueller directly. He must instead act through the Attorney General. That's a very important restriction.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Secret Subpoenas, A New AG, and Live Listener Feedback

1/17/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha hit three topics: the mysterious case of the subpoena to a foreign corporation that may be related to the Mueller investigation; the nomination of William Barr as Attorney General; and the temporal nature of an emergency, as prompted by live listener feedback. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

In the End, What Should a Special Prosecutor Do?

1/17/19  //  In-Depth Analysis

Should a special prosecutor indict a sitting president?

Deborah Pearlstein

Cardozo Law School

The Court of Public Opinion

1/17/19  //  In-Depth Analysis

Because the special prosecutor answers ultimately to the court of public opinion, he must answer to that court in his final report

Victoria Nourse

Georgetown Law School