Recent | Take Care

Trump's ACA Sabotage and the President's Constitutional Take Care Duty

The President has not even tried to suggest that he is using his power in the law's interest. Rather, he has boasted that he is using his power to kill it

Abbe R. Gluck

Yale Law School

Trump has declared open war on Obamacare

10/16/17 // Commentary

With its abrupt decision to terminate the cost-sharing subsidies, the Trump administration has thrown the exchanges into chaos on the eve of open enrollment; it has imperiled the full faith and credit of the United States; and it will cause a massive increase in federal spending.

Nick Bagley

University of Michigan Law School

The Easy Take And The Right Take On The Charlottesville Lawsuit

10/16/17 // Commentary

There are two ways to look at one of the recent lawsuits against the organizers of the Charlottesville rally, the easy way and the right way.

Leah Litman

Michigan Law School

Lark Turner

Ending a Critical Obamacare Subsidy

10/12/17 // Commentary

The Trump administration will terminate the Affordable Care Act’s cost-sharing payments, further destabilizing the already-fragile exchanges on the eve of open enrollment. The legal fallout will be complex, messy, and expensive.

Nick Bagley

University of Michigan Law School

Versus Trump: The Contraception Mandate Challenges

10/12/17 // Commentary

On this week’s episode of Versus Trump, Easha and Jason discuss the Administration's drastic expansion of the number of companies that may now offer health insurance that does not cover birth control, as well as several lawsuits that were immediately filed challenging these new regulations. Listen now!

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Protecting Real News: The Best Solution to the Fake News Panic

10/12/17 // In-Depth Analysis

Especially in light of Trump's recent remarks, we must better protect media companies from targeted, life-threatening defamation suits

Lark Turner

Aiming the Bully Podium at Minority Communities

10/11/17 // In-Depth Analysis

By Mark Joseph Stern: From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

Take Care

EPA Defies Its Own Best Analysis of the Clean Power Plan

10/10/17 // In-Depth Analysis

Put simply, the Pruitt EPA is issuing its proposed repeal order despite its own best analysis showing that repealing the Clean Power Plan is a very, very bad idea.

Eli Savit

University of Michigan Law School

The Supreme Court, Animus, And Amicus

10/10/17 // In-Depth Analysis

Some thoughts on a brief in a case the Court had scheduled to hear today.

Leah Litman

Michigan Law School

President Trump’s 'Pro-Life' Week

10/9/17 // Commentary

There are many ways to protect life, yet we often speak as if restricting abortion is the only way to do so

Rachel Tuchman

Kaplan & Company

The Value of Gerrymandering

10/7/17 // Commentary

What is the value to democracy from political gerrymandering for partisan advantage? The intuitive answer is the right one: None.

G. Michael Parsons

NYU School of Law

The Trump Administration and Contraception Coverage

10/6/17 // Commentary

The Department of Health and Human Services has released two new rules limiting access to contraception coverage. They're both legally flawed.

Nick Bagley

University of Michigan Law School

Forum on Defending the First Amendment from Trump

10/6/17 // Latest Developments

Take Care and Protect Democracy have teamed up to host a forum in which leading scholars consider how we can use the law (and litigation) to protect against Trump's use of the 'bully podium.'

Take Care

Protect Democracy

The Travel Ban and the Ontology of the Compelling Interest Test

10/6/17 // In-Depth Analysis

Maybe the whole compelling interest test is misguided in Establishment Clause cases.

Michael C. Dorf

Cornell Law School

Free Speech Solidarity

10/6/17 // In-Depth Analysis

Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.

Charlotte Garden

Seattle University School of Law