Recent | Take Care

Defending our Democracy in the Age of Trump

By Andrew Boyle: Whether we proceed down the path of erosion, or whether we do the work to avert that path, is dependent on us

Take Care

How to Save a Constitutional Democracy

10/22/18 // In-Depth Analysis

Our new book offers a distinctive diagnosis of how democracy is lost, and then roadmaps various pathways along which a reform agenda might proceed.

Aziz Huq

University of Chicago Law School

Tom Ginsburg

University of Chicago Law School

Versus Trump: Trump Wins One Versus Stormy

10/18/18 // In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the recent decision that dismissed Stormy Daniels' defamation lawsuit against the President. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

A Progressive Yankee in John Roberts’ Court

10/17/18 // In-Depth Analysis

Instead of seeking to restructure or undermine the Supreme Court, progressives should focus on advancing their cause through conservative arguments

Daniel Hemel

University of Chicago Law School

Advancing a Left-Liberal Jurisprudence

10/16/18 // In-Depth Analysis

Winning elections isn’t enough. Progressive majorities need to be willing to invest significant political capital in judges who are committed to a left-liberal jurisprudence.

Jon D. Michaels

UCLA School of Law

Raising Red Flags about Shelby County

10/15/18 // Commentary

Although Shelby County had a dramatic and immediate real-world impact, its future doctrinal importance is likely minimal.

Travis Crum

Washington University in St. Louis

Why Democrats Should Pack the Supreme Court

10/15/18 // In-Depth Analysis

Republicans have broken the rules time and again. For Democrats not to respond in kind is to commit political suicide.

Michael Klarman

Harvard Law School

Versus Trump: N.Y. Versus Wilbur Ross

10/11/18 // In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

A Tainting of Judicial Independence

10/8/18 // In-Depth Analysis

Kavanaugh's potential perjury means that his seat on the Court may depend on continuing Republican control in Congress. This is plainly inconsistent with any account of judicial independence.

Tom Ginsburg

University of Chicago Law School

Aziz Huq

University of Chicago Law School

The 'All of the Above' Approach to Justice Kavanaugh

10/7/18 // In-Depth Analysis

Do progressives give up on the Court? Declare war on it? Pretend nothing has changed? Each of us will have to decide for ourselves. There is no 'right way' to respond to our new reality.

Michael C. Dorf

Cornell Law School

The Vicious Entrenchment Circle: Thoughts on a Lifetime with a Republican-Controlled Court

10/7/18 // In-Depth Analysis

By the time the Supreme Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control, even though Democrats have won a majority or plurality of the popular vote in seven of the twelve elections in that period.

Marty Lederman

Georgetown Law

Versus Trump: Trump Versus Net Neutrality

10/4/18 // Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about the Trump Administration's lawsuit against California that would block California's new net neutrality law from going into effect. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

The Blumenthal & Nadler Decision: A Watershed in the Effort to Combat Presidential Corruption

10/3/18 // Commentary

On Friday, Judge Emmet G. Sullivan ruled that the plaintiffs in Blumenthal, Nadler, et al. v. Trump have standing to sue the President for violating the Constitution’s Foreign Emoluments Clause.

Brian Frazelle

CAC

One Among Equals

10/1/18 // Commentary

There are three fundamental limits on the President's pardon power

Protect Democracy

Versus Trump: The Unique Manafort Plea

9/27/18 // Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about pardons, Double Jeopardy, forfeiture, and the Manafort guilty plea. They also weigh in on the Kavanaugh developments and what would happen if Rosenstein were fired. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP