Recent | Take Care

The Travel Ban and Inter-Branch Conflict

The real problem is the Trump Administration itself. What feels like damage today is largely the echo of damage that already happened, rather than something new.

Richard Primus

University of Michigan Law School

The Future Of Constitutional Discrimination Law After Hawai’i v. Trump

6/26/18 // Commentary

The future of discrimination law is secure, in short—and securely shut to minority races, ethnicities, and creeds suffering at the hands of a populist majority.

Aziz Huq

University of Chicago Law School

On The Entry Ban, The Supreme Court Says It’s Up To Us

6/26/18 // Quick Reactions

In Trump v. Hawaii, the Court reminded us that the courts will not be there to save us. It is up to us, instead.

Leah Litman

Michigan Law School

SCOTUS Crisis Pregnancy Center Case Shows Originalist Justices Are Originalist Except When They're Not

6/26/18 // Commentary

Let's not kid ourselves. Today's decision in NIFLA is an ideological decision.

Michael C. Dorf

Cornell Law School

A puzzle about standing, resolved.

6/26/18 // Commentary

Do the courts even have jurisdiction to hear the latest lawsuit seeking to undo the Affordable Care Act?

Nick Bagley

University of Michigan Law School

At SCOTUS, It's All About Taint

6/25/18 // Commentary

The Supreme Court decided two merits cases today and took one extremely puzzling action via a summary order. The unifying theme I'll identify is taint.

Michael C. Dorf

Cornell Law School

The severability question is not hard.

6/25/18 // Commentary

When Congress repealed the Affordable Care Act's individual mandate penalty, it left the rest of the law intact. The courts should respect that choice and not get drawn in to the relentless campaign against Obamacare.

Nick Bagley

University of Michigan Law School

Entry Ban Animus Revisited

6/25/18 // In-Depth Analysis

Many of the Supreme Court’s recent decisions tell us what we need to know: Under any meaningful standard for assessing government motives, the entry ban must fail.

Leah Litman

Michigan Law School

Abigail DeHart

Michigan Law School

The Imminent Demise of Chevron Deference?

6/21/18 // Quick Reactions

Justice Kennedy wrote a concurrence today that could rock the world of administrative law, with huge implications for federal policy.

Joshua Matz

Versus Trump: To End a Presidency? (Interview with Joshua Matz)

6/21/18 // In-Depth Analysis

On this week's episode of Versus Trump, Jason talks about the past, present, and future of impeachment with Joshua Matz. Joshua is the publisher of Take Care and the co-author, with Laurence Tribe, of the acclaimed new book To End a Presidency: The Power of Impeachment. Listen now!

Jason Harrow

Gerstein Harrow LLP

President Trump, Your Words Do Matter (And Should Doom Your Muslim Ban)

6/21/18 // In-Depth Analysis

Sirine Shebaya and Johnathan Smith: Trump has never been bashful about his anti-Muslim animus. And he has invoked that animus in creating policies, in defiance of the Constitution.

Take Care

An Impeachable Offense Is a Criminal Offense: A Response to Tribe and Matz

6/20/18 // In-Depth Analysis

Impeachment should be understood as a type of criminal prosecution—one that carries with it the Constitution’s protections for criminal defendants

Nikolas Bowie

Harvard Law School

We’ve Been (Unconstitutionally) Separating Children From Their Immigrant Parents For A While Now

6/20/18 // In-Depth Analysis

By Carolyn Shapiro & Joanna Martin: Separating parents from their children without regard for the children’s rights and interests is unconstitutional

Take Care

The Power of Impeachment: Its History & Future

6/20/18 // Latest Developments

A discussion at the National Constitutional Center

Joshua Matz

No, President Trump, You Are Not Above the Law

6/19/18 // In-Depth Analysis

The Constitution gives the president broad powers to pardon people and direct Justice Department investigations — but it does not give him the power to undermine the democratic safeguards enshrined there.

Amanda Shanor

The Wharton School