Recent | Take Care

The Census, the Rule of Law, and Democracy

Even when administrative agencies enjoy broad delegated powers, they cannot run roughshod over legal mandates or twist the facts to reach the result they want.

David Gans

CAC

The Character of the Special Prosecutor

1/16/19 // In-Depth Analysis

How do we evaluate the character of the current special prosecutor?

Take Care

The Court of Public Opinion

1/16/19 // In-Depth Analysis

What does it mean to say that special prosecutors are ultimately answerable to 'the American people'?

Aziz Huq

University of Chicago Law School

Another Legally Questionable Acting Official Who’s Not Wasting Any Time Before Making Big Decisions

1/15/19 // In-Depth Analysis

Joe Otting, the new Acting Director of the Federal Housing Finance Agency, has a questionable entitlement to powers that he's already misusing.

Brianne J. Gorod

Constitutional Accountability Center

Barr’s Remarks Are Reassuring but Serious Questions Remain

1/15/19 // Latest Developments

Barr's carefully-worded promise not to interfere with Mueller is welcome. But it also leaves room for Barr to impede significant parts of Mueller's work.

Andrew Coan

University of Arizona

An Inside Job? The Uneasy Case for Outside Special Prosecutors

1/15/19 // In-Depth Analysis

Should special prosecutors come from within the administration or outside it? This is a harder question than you might think.

Daniel Hemel

University of Chicago Law School

The Special Prosecutor and Government Institutions

1/15/19 // In-Depth Analysis

Does the special prosecutor qualify as an 'institution'? Does it matter? (Hint: Yes, it does.)

David Marcus

UCLA Law School

Blocking the Trump administration’s contraception rules (again).

1/14/19 // Commentary

A federal judge in California has enjoined two rules that would greatly expand the exemptions to Obamacare’s so-called contraception mandate. As a result, they may never take effect in the thirteen states that brought the lawsuit.

Nick Bagley

University of Michigan Law School

Clear Statement: The Barr Memo is Disqualifying

1/14/19 // Commentary

His dangerously misguided legal analysis demonstrates that William Barr is the wrong man to serve as Attorney General

Neil J. Kinkopf

George State University College of Law

Prosecuting the President

1/14/19 // In-Depth Analysis

Why have presidents appointed special counsels when they are not required to do so? Why do presidents tolerate special counsels, even when they can fire them?

Andrew Coan

University of Arizona

Versus Trump: The Shutdown Special

1/10/19 // Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha bring you a shutdown special, where they talk about the President's emergency powers as well as a lawsuit contending the government is violating federal labor law by not paying workers on time. Listen now!

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

The Constitutional Law of Shutdowns

1/8/19 // Quick Reactions

A quick explainer: how does Congress's power of the purse interact with the Executive's constitutional authority?

Zachary Price

U.C. Hastings College of the Law

On Mercury Emissions, Trump's EPA Didn’t Violate The Law; It Did Something Weirder

1/8/19 // In-Depth Analysis

The EPA just issued an incredibly bizarre proposed rule about whether it is 'appropriate and necessary' to regulate power-plant emissions of mercury. What gives?

Eli Savit

University of Michigan Law School

Reforming Antitrust Law

1/7/19 // Latest Developments

Here's how Congress can address America's monopoly problem

Take Care

Business Leaders Must Act to Protect our Democracy

1/7/19 // Commentary

Leaders of the private sector must confront the reality that our public sector has become polarized and dysfunctional and address the serious problems plaguing our democracy

Tom Coleman