Recent | Take Care

Versus Trump, Episode 1

"A New Sheriff In Town" + Zephyr Teachout

Competitor Plaintiffs in Emoluments Clause Case Bolster Standing

CREW has amended its complaint in the widely-watched emoluments case. The addition of two new plaintiffs should make the lawsuit bulletproof on standing grounds.

Michael C. Dorf

Cornell Law School

Will Trump’s Lawyers Rewrite and Invert the Emoluments Clause?

4/18/17 // In-Depth Analysis

NYT has leaked one of DOJ's theories in the emoluments clause case: that this is a "political question." Any such argument, however, would be exceptionally weak as a matter of text, precedent, and purpose, and would completely invert the basic operation of the Foreign Emoluments Clause.

Joshua Matz

States Can Require Financial Disclosure by Presidential Candidates to Safeguard Electoral Transparency

4/6/17 // In-Depth Analysis

Many states are considering bills requiring future federal presidential candidates to release tax returns, or comparable information, in order to be listed on the ballot. Such requirements are good policy and should be upheld under the Constitution.

Danielle Lang

The Campaign Legal Center

GSA, Trump International Hotel, and the Constitution

3/24/17 // Quick Reactions

Yesterday, the General Services Agency surprised experts by declaring that the Trump Hotel in D.C. is not in violation of its lease. But the GSA's decision itself might well violate the Domestic Emoluments Clause.

Brianne J. Gorod

Constitutional Accountability Center

See You In Court 2.0

3/16/17 // In-Depth Analysis

Last night, a federal judge in Hawaii blocked Trump's revised entry ban. Here is a detailed analysis of its decision and an assessment of what likely will happen next in that litigation.

Leah Litman

Michigan Law School

Presidential Bad Faith

3/16/17 // Commentary

If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."

Laurence H. Tribe

Harvard Law School