Recent | Take Care

Finding a Floor for Inter-branch Conflict

Intensifying political conflicts are steadily shredding the buffers around our constitutional architecture. How should courts respond?

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Trump The Racketeer?

11/1/18 // Uncategorized

On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit alleging that Trump and his children were part of a racketeering enterprise that engaged in fraud in connection with their supposed endorsement of a multi-level marketing operation. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Symposium: How To Save A Constitutional Democracy

11/1/18 // Latest Developments

Take Care has been pleased to host a symposium on How To Save A Constitutional Democracy, an important new book by Aziz Huq and Tom Ginsburg.

Take Care

Forced Classification, Biological Determinism, and Sad Chapters from Our Nation’s History

10/31/18 // Commentary

In rigidly classifying people based on theories of biological determinism, we ignore history at our own peril

Praveen Fernandes

CAC

Judges Shouldn’t Have the Power to Halt Laws Nationwide

10/31/18 // Uncategorized

A hand-picked district court judge in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire country. Something is very wrong with that picture.

Nick Bagley

University of Michigan Law School

The Constitution's Role in Defending Democracy

10/31/18 // In-Depth Analysis

In defending our democratic system, 'We the People' can look to the Constitution itself as a beacon that defines the rights we are owed.

Corey Brettschneider

Brown University

Symmetric Constitutionalism for a Polarized Era

10/30/18 // Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

Zachary Price

U.C. Hastings College of the Law

Four Tools to Save a Constitutional Democracy

10/29/18 // In-Depth Analysis

Protecting democracies is not a matter of any one election. There’s a long road ahead to save our democracy. Here are some key steps.

Protect Democracy

Multidimensional Separation(s) of Powers and Questions of Democratic Erosion

10/29/18 // In-Depth Analysis

All of those tedious checks and balances and lines of separation that frustrate one and all during times of normal, functional democratic governance have a very real role to play in our constitutional order.

Jon D. Michaels

UCLA School of Law

Twitter and the Political Community

10/26/18 // In-Depth Analysis

By communicating mainly through Twitter, Trump has asserted the power to define his own political community—and to exclude people from it.

Kate Shaw

Cardozo Law

Versus Trump: Can Courts Tell Trump To Stop Violating The First Amendment?

10/25/18 // Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit by a group of journalists (filed by the legal group Protect Democracy) that hopes to stop President Trump from threatening adverse government action against those who criticize him. Plus, a Wilbur Ross update and a constitutional trivia question. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

What to Make of Chief Justice Roberts’ Stay of the Juliana Case

10/25/18 // Quick Reactions

What happens next in a lawsuit arguing that the United States has failed to protect against the ravages of climate change?

Ann Carlson

UCLA School of Law

Saving Democracy Through Impeachment?

10/24/18 // In-Depth Analysis

By Rosalind Dixon: Low thresholds for impeachment could undermine (rather than strengthen) democracy

Take Care

Controlling Our Losses

10/24/18 // Commentary

While bleak, planning to lose is not about conceding defeat. It’s about laying the groundwork for a brighter future and avoiding precedential barriers to that future.

Danielle D'Onfro

Washington University Law School

Is Our Democracy in Peril?: The Importance of the Courts

10/23/18 // In-Depth Analysis

The Constitution can and should play a vital role in preventing democratic decline

Brianne J. Gorod

Constitutional Accountability Center