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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: Earthjustice v. Trump (Interview with Drew Caputo)

9/20/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie speak with Earthjustice Vice President Drew Caputo to get an update on environmental litigation against the Trump Administration. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Judge Kavanaugh on Separation of Powers

8/3/18  //  In-Depth Analysis

By Carolyn Shapiro: Judge Kavanaugh has a troubling and one-sided view of liberty and how to protect it.

Take Care

The Trump Administration’s Newest Target: Administrative Law Judges

7/30/18  //  In-Depth Analysis

The Trump Administration is changing the rules around hiring and firing of Administrative Law Judges, and is doing so in disturbing ways.

Protect Democracy

Versus Trump: Versus The Trump Foundation

7/19/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie discuss the New York Attorney General's petition to dissolve the Trump Foundation and ban President Trump and his children from serving as directors of charities in the future. They then do some a hit on the new Mueller indictment. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

The Unitary Executive Theory in the Shadow of High-Level Criminality

7/17/18  //  In-Depth Analysis

Judge Kavanaugh's nomination raises tough questions about how, exactly, adherents of the unitary executive theory believe we can address cases of presidential misconduct.

Aziz Huq

University of Chicago Law School

Arguments About Nationwide Injunctions

7/16/18  //  In-Depth Analysis

By Zachary D. Clopton: The question whether a nationwide injunction should issue is case-specific and policy-inflected.

Take Care

Compulsion and Complicity

7/12/18  //  In-Depth Analysis

By Catherine Fisk: The conservative majority's deregulatory use of the First Amendment will weaken it as a safeguard against tyranny

Take Care

SCOTUS Goes Online

7/12/18  //  In-Depth Analysis

By John Paul Schnapper-Casteras: This might be the year that the Supreme Court begins to meaningfully grapple with the constitutional implications of emerging technologies.

Take Care

Abbott v. Perez:  Bad Reading Invites Discriminatory Redistricting

7/6/18  //  In-Depth Analysis

Ironically but thankfully, the result of Justice Alito's deeply mistaken analysis in Abbott v. Perez is an opinion that makes less bad law than it might have.

Daniel P. Tokaji

Ohio State, Moritz College of Law

Getting To No On Roe

7/5/18  //  In-Depth Analysis

The question is not whether the reconstituted Supreme Court will overturn Roe v. Wade. The only question is how the Supreme Court will do so.

Leah Litman

Michigan Law School

America Has a Major Market Power Problem & SCOTUS Just Made It Worse

7/5/18  //  In-Depth Analysis

Congress must clarify and revitalize antitrust law. The Supreme Court's opinion in Ohio v. American Express only strengthens that case.

Lina Khan

Open Markets Institute & Columbia Law School

The Recyclable Sentences of the Deregulatory First Amendment

7/5/18  //  In-Depth Analysis

There are a few recyclable sentences lurking in lower-profile cases that may offer the best guidance to where the Court is heading next

Nikolas Bowie

Harvard 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

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