Recent | Take Care

The Fourth Circuit & Animus Under Mandel

By Corey Brettschneider: As the Fourth Circuit recognized today, even if Kleindanst v. Mandel supplies the rule of decision and requires rationality review, animus is fatal to the Muslim Ban even under that standard.

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See You In Court 3.0

5/25/17 // Quick Reactions

A quick recap of the Fourth Circuit's decision in IRAP v. Trump.

Leah Litman

U.C. Irvine School of Law

An Update in House v. Price: When Inaction Masks Turmoil

5/24/17 // Quick Reactions

Insurance companies are filing their applications for 2018 plans and rates now, with the last deadline in some states coming on June 21, and with many having passed already. If you’re an insurer and you don't know what the rules of the game will be, how can you play it?

Rachel Sachs

Washington University Law School

Sessions Retreats, but Doesn’t Surrender, on Sanctuary Cities

5/23/17 // Quick Reactions

Yesterday, AG Sessions issued his official interpretation of the executive order President Trump issued in January regarding sanctuary cities. The interpretation is notable for its narrowness. But ultimately, the memorandum is more of a retreat than a surrender.

Nikolas Bowie

Harvard Law School

A Few Cheers For The Appointment Of A Special Counsel

5/17/17 // Quick Reactions

In a welcome development, Deputy Attorney General Rod Rosenstein appointed former FBI Director Robert Mueller as a special counsel to investigate Russia-related (criminal) wrongdoing.

Leah Litman

U.C. Irvine School of Law

Kris Kobach is a Menace to Democracy. Boycott his Vote-Rigging Commission.

5/11/17 // Quick Reactions

By Jed Shugerman. Trump is using the Comey firestorm as a smoke screen for a potentially more dangerous move: appointing Kris Kobach vice chair of a new “election integrity” commission, with Mike Pence as chair. Kobach will make it a voter-suppression/vote rigging commission, fomenting anti-immigrant and racist fears.

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Fake Transparency

5/9/17 // Quick Reactions

As long as the Deputy Attorney General is writing memos making recommendations to the President, it is time to make a recommendation for the appointment of a special counsel.

Neil J. Kinkopf

George State University College of Law

Yes, The President Can Constitutionally Fire Comey

5/9/17 // Quick Reactions

According to breaking news reports, President Trump has fired FBI director James Comey. It's within his power to do that.

What Trump Got Wrong In The Rose Garden

5/4/17 // Quick Reactions

President Trump misstates the law, and mischaracterizes his own Executive Order, in the Rose Garden.

Jason Harrow

Can President Trump Rewrite the Past?

5/3/17 // Quick Reactions

In an executive order last week, President Trump purported to rewrite the text of two of President Obama’s decisions that withdrew millions of acres of the Arctic and Atlantic Oceans from future oil and gas speculation. Today, a group of environmental organizations has argued in court that Trump can’t just pretend the past never happened.

Nikolas Bowie

Harvard Law School

FCC Signals it Will Eliminate Title II Treatment of Internet Service Providers

5/2/17 // Quick Reactions

FCC's action welcomed by industry but will trigger (another) massive legal fight.

Daniel Deacon

U.C. Irvine School of Law

Reuters: State Pension Funds Paying Millions in Emoluments to Trump

4/27/17 // Quick Reactions

Professor Jed Shugerman analyzes a Reuters report that state pensions, run by state officers, are investing and paying public money to Trump LLCs

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Santa Clara v. Trump and the Perils of the Gestural Presidency

4/26/17 // Quick Reactions

If we had a president less concerned with posing as a man of action and more as the fiduciary taking care that the laws be faithfully executed, he would probably do better in court. I don't foresee him changing course.

Peter M. Shane

Ohio State, Moritz College of Law

The Rule of Law Means Little If The President’s Word Means Nothing

4/26/17 // Quick Reactions

In a new op-ed, I emphasize the importance of taking President Trump at his word–even as efforts to save his executive orders from his tweets inevitably push Trump's defenders to come up with new and creative reasons for ignoring Trump's public statements.

Joshua Matz

Publisher

With Sanctuary Cities, the Apprentice is Now the Biggest Loser

4/26/17 // Quick Reactions

If Trump keeps tweeting his lawyers will have their work cut out for them

Nikolas Bowie

Harvard Law School