Trump’s Threat to Restrict Birthright Citizenship Has (Troubling) Precedent

11/13/18  //  Commentary

By Neil Weare and Sam Erman: It's time to invalidate policies denying birthright citizenship to persons born in U.S. territories

Take Care

The Justice Department’s New Tactic

11/12/18  //  Commentary

The government is not entitled to play leapfrog whenever it loses in federal court

Joshua Matz

Publisher

How Much of a Problem is the Senate?

11/12/18  //  In-Depth Analysis

I'd like to raise a few questions about the current bout of Senate skepticism that rests on first principles

Michael C. Dorf

Cornell Law School

The Trump Administration Targets the Contraception Mandate

11/9/18  //  Uncategorized

The Department of Health and Human Services has issued broad new exemptions for religious and moral objections. What effect will the exemptions have? And will they stand up in court?

Nick Bagley

University of Michigan Law School

Concluding Thoughts

11/5/18  //  In-Depth Analysis

We thank all of the scholars and lawyers who participated in this symposium on our book, How to Save a Constitutional Democracy.

Tom Ginsburg

University of Chicago Law School

Aziz Huq

University of Chicago Law School

Finding a Floor for Inter-branch Conflict

11/2/18  //  In-Depth Analysis

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

Civil Rights Corps

Jason Harrow

Equal Citizens

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

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.

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