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

U.C. Irvine School of Law

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

Equal Citizens

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

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

Yale Law 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