Recent | Take Care

You’re So Vain … You Probably Think This Book’s About You

An introduction to this week's symposium on my new book, 'Constitutional Coup: Privatization’s Threat to the American Republic'

Jon D. Michaels

UCLA School of Law

Against Cutting the President’s Purse Strings

1/7/18 // In-Depth Analysis

No, Congress doesn't have a duty to provide the resources necessary for the executive branch to adequately fulfill its constitutional functions.

Zachary Price

U.C. Hastings College of the Law

The FCC's Net Neutrality Two Step

1/5/18 // Commentary

The agency’s conflicting rationales seem largely arbitrary. Moreover, its action abandons a longstanding bipartisan consensus favoring net neutrality.

Tejas Narechania

UC Berkeley School of Law

Enjoining the Contraception Rules

12/18/17 // Commentary

A district court has stopped the Trump administration's hasty and poorly justified effort to relieve employers of their legal obligation to cover contraception.

Nick Bagley

University of Michigan Law School

Why Does DHS Need a Corporate Headhunter?

12/18/17 // Quick Reactions

The LA Times has reported on a $300M deal between the Department of Homeland Security and Accenture. This is a major development.

Jon D. Michaels

UCLA School of Law

Net Neutrality, Institutional Choice, and Modes of Enforcement

12/12/17 // Commentary

What exactly does it mean for the Federal Trade Commission to take on net neutrality?

Tejas Narechania

UC Berkeley School of Law

President Trump's Assault on the Antiquities Act

12/5/17 // Commentary

On Monday, President Trump announced that his administration was taking dramatic action to reduce the size of two national monuments in Utah. The President’s announcement is out of step with historical use of the Antiquities Act.

Caroline Cox

Net Neutrality as a Response to the Potential Harms of Vertical Integration

11/30/17 // Commentary

The case for net neutrality comes down a pithy adage: Trust [that carriers won’t violate net neutrality principles], but verify [compliance through enforceable rules]

Tejas Narechania

UC Berkeley School of Law

Not So Fast, Mr. President

11/24/17 // In-Depth Analysis

Under Dodd-Frank, now that Richard Cordray has resigned as Director, the CFPB’s Deputy Director is the Bureau’s acting Director. President Trump may decide he doesn’t care what Dodd-Frank says, but he doesn’t get the final say.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Updates, Y'all!

11/9/17 // Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Some Doubts About A Suit to Block Trump From Stopping Cost-Sharing Payments

10/19/17 // Commentary

Yesterday, a group of 19 states asked a California district court to stop the Trump administration from cutting off the cost-sharing payments. Their lawsuit likely isn't meritorious.

Nick Bagley

University of Michigan Law School

Trump's ACA Sabotage and the President's Constitutional Take Care Duty

10/17/17 // Quick Reactions

The President has not even tried to suggest that he is using his power in the law's interest. Rather, he has boasted that he is using his power to kill it

Abbe R. Gluck

Yale Law School

Ending a Critical Obamacare Subsidy

10/12/17 // Commentary

The Trump administration will terminate the Affordable Care Act’s cost-sharing payments, further destabilizing the already-fragile exchanges on the eve of open enrollment. The legal fallout will be complex, messy, and expensive.

Nick Bagley

University of Michigan Law School

EPA Defies Its Own Best Analysis of the Clean Power Plan

10/10/17 // In-Depth Analysis

Put simply, the Pruitt EPA is issuing its proposed repeal order despite its own best analysis showing that repealing the Clean Power Plan is a very, very bad idea.

Eli Savit

University of Michigan Law School

Protecting Against Arbitrary Government

9/27/17 // In-Depth Analysis

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

K. Sabeel Rahman

Demos & Brooklyn Law School