Recent | Take Care

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

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

Justice Gorsuch, Kippahs, and False Analogies in Masterpiece Cakeshop

6/19/18 // In-Depth Analysis

The Court’s newest member embraces a troubling “both sides” argument

Jim Oleske

Lewis & Clark Law School

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

Impeachment: Partisan Warfare or Defending the Constitutional Order?

6/19/18 // In-Depth Analysis

We must be able to recognize harm to the constitutional order on a bipartisan basis for impeachment to serve its proper constitutional function. But how often is that the case?

Gillian Metzger

Columbia Law School

Preliminary Thoughts on the Summary Judgment Motions in the Harvard Affirmative Action Lawsuit

6/18/18 // In-Depth Analysis

The plaintiff is attempting to link two practices that need not be coupled. One is discrimination against Asian Americans. The other is affirmative action.

Nancy Leong

Sturm College of Law

Impeachment as a Constitutional Design Choice

6/18/18 // In-Depth Analysis

What can we learn about presidential removal from a careful study of foreign constitutions and experiences?

Aziz Huq

University of Chicago Law School

Tom Ginsburg

University of Chicago Law School

Masterpiece Cakeshop and Protecting Both Sides

6/15/18 // In-Depth Analysis

By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides

Take Care

Originalist Critiques of Anti-Originalism: Still Don’t Know About History

6/14/18 // In-Depth Analysis

By Saul Cornell: Although originalists invoke the authority of history, their method is profoundly ahistorical.

Take Care

Impeachment and Presidential Rhetoric

6/14/18 // In-Depth Analysis

It's time to consider the role of the President’s rhetoric in the discourse and practice of impeachment

Kate Shaw

Cardozo Law

To End A Presidency

6/13/18 // In-Depth Analysis

Take Care is pleased to host a symposium on 'To End A Presidency: The Power of Impeachment'—a new book by Larry Tribe & Joshua Matz.

Take Care

Impeachment as Punishment

6/13/18 // In-Depth Analysis

There is an important connection between impeachment and criminal law. Not in technical or legalistic doctrinal nuances, but rather in the core purposes underlying these two domains.

Andrew Crespo

Harvard Law School

The Federal Courts and the Road to Impeachment

6/11/18 // In-Depth Analysis

We must think more carefully about the role that federal courts can and should play at earlier stages of what may become impeachment investigations

Stephen Vladeck

University of Texas

How Do We Check the President?

6/8/18 // In-Depth Analysis

If impeachment is impossible and even talk of impeachment can be destructive, how do we check a president who is violating the Constitution?

Erwin Chemerinsky

U.C. Irvine School of Law