Recent | Take Care

Covid at the Court: South Bay United Pentecostal

South Bay United Pentecostal Church confirms that the Supreme Court is on a path to abandon Employment Division v. Smith.

Leah Litman

Michigan Law School

After The Election, SCOTUS Should Grant Cert. To Correct The Bad 26th Amendment Cases

10/22/20 // Quick Reactions

The Supreme Court has run out of time to reverse terrible decisions regarding the scope of the Twenty-Sixth Amendment. But it should still take up the issue after the election.

Jason Harrow

Gerstein Harrow LLP

What Happens If The Worst Happens?

10/2/20 // Quick Reactions

What happens if a candidate dies before the electoral college votes? This came up at my oral argument in the Supreme Court case about electors, but there was no clear resolution.

Jason Harrow

Gerstein Harrow LLP

Religious Discrimination And Racial Discrimination

6/30/20 // Quick Reactions

The Court’s decision in Espinoza is similar to the trajectory of the law of racial discrimination in some respects, it also offers a striking contrast in others

Leah Litman

Michigan Law School

June Medical As The New Casey

6/29/20 // Quick Reactions

As in prior abortion cases, the Chief Justice gave abortion supporters a victory while at the same time laying the groundwork for much weaker protections for abortion rights.

Leah Litman

Michigan Law School

The SDNY Debacle And The Supreme Court

6/20/20 // Quick Reactions

The Trump administration's apparent desire to force out the U.S. Attorney for SDNY could have implications for several major Supreme Court cases this term.

Leah Litman

Michigan Law School

Voting & Guns

4/27/20 // Quick Reactions

The dissenters in the New York gun case confirm that their reasoning in RNC v. DNC was a makeweight shell game.

Leah Litman

Michigan Law School

Healthcare & Guns

4/27/20 // Quick Reactions

On what the Supreme Court's opinions today suggest about next term's challenge to the ACA.

Leah Litman

Michigan Law School

Ten Thoughts On Ramos v. LA

4/20/20 // Quick Reactions

Ten thoughts on Ramos v. LA

Leah Litman

Michigan Law School

Versus Trump: Wisconsin Republicans Versus Elections

4/17/20 // Quick Reactions

On this week’s Versus Trump, Jason and Charlie discuss last week's election in Wisconsin, include two rulings—one by the Wisconsin Supreme Court and one by the U.S. Supreme Court—that don't hold up very well in light of what occurred. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Trump Isn't The Only Government Official Not Doing Enough To Protect Public Health

3/12/20 // Quick Reactions

The President has been harshly criticized for his inadequate response to coronavirus. But state and local officials have the legal authority to do much more than they are doing to protect health and safety. They need to act now, with or without the President's support.

Jason Harrow

Gerstein Harrow LLP

Some Additional Thoughts on The ACA Decision

12/19/19 // Quick Reactions

The U.S. Court of Appeals for the Fifth Circuit just gave the Republican Party a huge and unjustified gift.

Leah Litman

Michigan Law School

A Tale of Two Neil Gorsuches

10/8/19 // Quick Reactions

It seems just last month Justice Gorsuch was saying his rule was not to “make it up" and was to "follow the law.” The Title VII cases allow us to see whether that's the case.

Leah Litman

Michigan Law School

Judges, Do The Reading

9/9/19 // Quick Reactions

The oral argument in the TPS case featured a line of questioning that suggested one of the judges had not read the relevant Supreme Court case.

Leah Litman

Michigan Law School

Announcing ... Strict Scrutiny

7/23/19 // Quick Reactions

There's a new podcast in town, about the Supreme Court and the legal culture that surrounds it.

Leah Litman

Michigan Law School