Recent | Take Care

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

The bills to protect the special counsel from removal have some rough spots that can and should be worked out.

Georgetown Law

The War on Transgender Soldiers Flies in the Face of the Facts

By Ian W. Holloway & Jody L. Herman: As the Pentagon decides how to respond to Trump’s mandate, we urge that they consider our rigorous research and the lived experiences of transgender service members and their allies.

Take Care

Important Update on an Emoluments Case Against Trump

8/5/17 // Latest Developments

Late last night, the plaintiffs in CREW v. Trump filed their brief opposing President Trump's motion to dismiss the case.

Joshua Matz

Arizona’s Problems with Immigration Federalism

8/4/17 // Quick Reactions

State officials are seeking out ways to intensify federal efforts to enforce immigration law, but they are thereby intensifying larger problems plaguing our national immigration system

Bijal Shah

Sandra Day O’Connor College of Law

A Small Glitch in a Bill to Protect the Special Counsel

8/3/17 // Quick Reactions

Sometimes it matters where in the sentence you put 'only'

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: Versus DeVos (Interview with Toby Merrill)

8/3/17 // Uncategorized

On this week’s episode of Versus Trump, Jason has an interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. Listen now!

Jason Harrow

Gerstein Harrow LLP

The D.C. Circuit Just Made it Harder for Trump to Stop the Cost-Sharing Payments

8/3/17 // Quick Reactions

Two days ago, the D.C. Circuit granted a motion from a group of fifteen states, led by California, to intervene in the pending appeal in House v. Price. Allowing the states to intervene will prevent the Trump administration from unilaterally dismissing its appeal in the case.

Nick Bagley

University of Michigan Law School

Here's How Trump Could Sabotage Obamacare

8/2/17 // Commentary

Should the Trump Administration do whatever it can to make Obamacare work? Or should it sabotage the law in an effort to force Democrats to the bargaining table?

Nick Bagley

University of Michigan Law School

Second Thoughts About The Supreme Court’s Scheduling The Entry Ban Case

8/2/17 // Commentary

The Court’s October Calendar Further Underscores That It Never Actually Intends To Resolve The Legality Of The Entry Ban

Leah Litman

Michigan Law School

A Little More on Alexander Hamilton and the Foreign Emoluments Clause

8/1/17 // In-Depth Analysis

A trip to the National Archives turned up some fascinating evidence about Alexander Hamilton and foreign emoluments.

Brianne J. Gorod

Constitutional Accountability Center

All TC Analysis of Emoluments Issues & Cases

8/1/17 // Latest Developments

Take Care presents an organized guide to our coverage of the Foreign and Domestic Emoluments Clauses.

Take Care

Trump's Hostility to LGBT Rights is Now Unmistakable

7/31/17 // Commentary

Several years ago the assertion that Title VII does not prohibit sexual orientation discrimination might have been seen as merely cautious; today it can only be apprehended as reactionary and bigoted

Richard Thompson Ford

Stanford Law School

Some Notes On The Latest “Ban”

7/31/17 // Commentary

There are some notable similarities between the President's announcement that transgender individuals would be banned from military service, and the ban(s) on entry from several Muslim majority countries.

Leah Litman

Michigan Law School

Slavery and the Right to Travel Armed: A Short History Lesson

7/31/17 // Commentary

By Saul Cornell: The opinion striking down D.C.'s gun law under the Second Amendment relies heavily on a selective culling of historical evidence—and a shocking ignorance of the most important facts about Anglo-American criminal law and its history.

Take Care

HIV is a Health Condition — Not a Crime

7/31/17 // Commentary

Despite consensus that criminalizing HIV has little public health effect, is not supported by scientific knowledge of transmission risks, and may violate the Americans with Disabilities, states are still enforcing laws against people living with HIV.

Eve Hill

Brown Goldstein & Levy