The Court’s Border Wall Fiasco
The Supreme Court’s decision to stay the injunction against the President’s construction of the border wall made no sense. It is also part of a troubling trend of restricting remedies against unlawful government action.
Communications Infrastructure as Public Utility
The Second Circuit's ruling against President Trump for banning critics on Twitter invites a broader discussion about how legally to structure and regulate our increasingly digital public sphere.
Versus Trump: Trump v. Everyone Who Wants His Taxes
This week on Versus Trump, Jason and Charlie are back from a hiatus to discuss the President's lawsuit against New York State and the House Ways and Means Committee, both of whom—he says—may be conspiring to release his New York State tax returns.
Requiem for a Lone Star Bail-in
The three-judge district court overseeing the Texas redistricting litigation has held that Texas should not be 'bailed-in' under Section 3(c) of the Voting Rights Act. That's a very worrisome development. Here's why.
Gundy, Raich, and Faustian Bargains
In Gundy, the liberal justices' desire to protect the administrative state led them to uphold an exceedingly punitive law. But this was a bad bargain. The conservatives will still reinvigorate the non-delegation doctrine, and a terrible law will still remain on the books.
Abortion, Equal Protection, and the ERA—Courts Then and Now
A half century ago women and men challenging abortion restrictions were creative in making claims on the Constitution, taking to the streets, to the legislatures, and to the courts. In their audacity and creativity, we can find our future.
Reproductive Justice Symposium
Take Care has hosted a symposium on "Reproductive Rights and Justice Stories"—an important new book edited by Melissa Murray, Katherine Shaw, and Reva B. Siegel
Pregnant Workers and Reproductive Justice
Despite legal efforts to eliminate it, pregnancy discrimination remains rampant. Responses based in liberty, temporary disability, and sex equality arguments have met limited success in courts.
Immigration Policy Parallels
Now that the Trump administration has identified an additional 1700 children separated from their families, it’s time to revisit the administration’s legal arguments for why it was not actually separating families; with new, questionably legal actions that arise practically every day, we cannot let the way the administration has handled the fallout of its immigration policies slip by the wayside.