Recent | Take Care

Madness into Dissent

Democratic dissents are the last good thing coming from Trump’s NLRB. Now they’ll disappear.

Seattle University School of Law

The Flaws in HHS’s Proposed Repeal of The ACA Nondiscrimination Rules

The Trump HHS has proposed to repeal important nondiscrimination regulations that apply to healthcare providers and insurance companies. But the Administration's reasoning is deeply flawed.

Harper Jean Tobin

National Center for Transgender Equality

Versus Trump: Two Guns Cases, And More

12/5/19 // Uncategorized

First, real talk: yes, Versus Trump really did get a shoutout at the impeachment hearings on Wednesday! More on that next week. But on this week’s Versus Trump, Jason and Charlie discuss two guns cases. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

The DACA Trap

11/6/19 // Commentary

The Supreme Court will hear arguments next week in a case about whether the Trump Administration can revoke DACA. But progressives ought to be wary of the long-term effects of prevailing. A win here could very well make it very hard to undo the lax enforcement policies of the current Administration.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Versus DeVos 2.0

9/5/19 // In-Depth Analysis

This week on Versus Trump, Jason discusses the continuing illegal intransigence of the Department of Education, with Eileen Connor and Toby Merrill of Harvard's Project on Predatory Student Lending. Listen now!

Jason Harrow

Gerstein Harrow LLP

The Trump Administration’s Assault on Fair Housing

8/19/19 // Commentary

Today, the Department of Housing and Urban Development (HUD) published a proposed rule that would substantially limit enforcement of the 1968 Fair Housing Act. This rule is deeply flawed.

Olatunde Johnson

Columbia Law School

Michelle Aronowitz

Private Practice

Pretext and Remedy in the Census Case and Beyond

7/2/19 // Commentary

There really is nothing the administration can now do that ought to lead to approval of the citizenship question

Michael C. Dorf

Cornell Law School

Thoughts on the Chief's Strategy in the Census Case

7/1/19 // Commentary

It's extremely likely that the citizenship question will appear on the 2020 census—and the Chief intended precisely that result

Joshua Matz

Versus Trump: 2-For-39

5/2/19 // Commentary

This week on Versus Trump, Jason discusses some fascinating research about how the Trump Administration has fared in the courts with Bethany Davis Noll, the Litigation Director at the Institute for Policy Integrity. They discuss challenges to Trump's regulatory agenda, why the Administration is losing at a historic rate, what is slipping through the cracks, and what come next. Listen now!

Jason Harrow

Gerstein Harrow LLP

Policing a Partisan Census

4/22/19 // In-Depth Analysis

SCOTUS would do well to remember that elections — and the agencies that administer them — require special safeguards

Jennifer Nou

University of Chicago Law School

Why SCOTUS Must Hear the Census Case on the Merits

4/1/19 // In-Depth Analysis

The government's efforts to insulate Secretary Ross's decision from judicial review are wholly without merit. Here's why.

Joshua Matz

The Trump Administration Now Thinks the Entire ACA Must Fall

3/25/19 // Quick Reactions

Does the administration really think that the very position it advanced just month ago is so untenable that it must now adopt an even crazier view?

Nick Bagley

University of Michigan Law School

The Procedure Fetish

3/7/19 // Commentary

If adding new administrative procedures will so obviously advance a libertarian agenda, might not relaxing existing administrative constraints advance progressive goals?

Nick Bagley

University of Michigan Law School

What’s Next for the Presidential Transition?

2/26/19 // Commentary

Congress must take steps to ensure that any 2020 transition is an improvement over Trump's transition in 2016

The United States Owes Tens of Billions, Says the Court of Federal Claims (Part 2).

2/19/19 // Commentary

Should insurers gets every penny of cost-sharing payments that they're owed under the Affordable Care Act? Or have they mitigated their damages?

Nick Bagley

University of Michigan Law School