Controlling Our Losses

10/24/18  //  Commentary

While bleak, planning to lose is not about conceding defeat. It’s about laying the groundwork for a brighter future and avoiding precedential barriers to that future.

Danielle D'Onfro

Washington University Law School

Is Our Democracy in Peril?: The Importance of the Courts

10/23/18  //  In-Depth Analysis

The Constitution can and should play a vital role in preventing democratic decline

Brianne J. Gorod

Constitutional Accountability Center

Defending our Democracy in the Age of Trump

10/23/18  //  In-Depth Analysis

By Andrew Boyle: Whether we proceed down the path of erosion, or whether we do the work to avert that path, is dependent on us

Take Care

How to Save a Constitutional Democracy

10/22/18  //  In-Depth Analysis

Our new book offers a distinctive diagnosis of how democracy is lost, and then roadmaps various pathways along which a reform agenda might proceed.

Aziz Huq

University of Chicago Law School

Tom Ginsburg

University of Chicago Law School

Versus Trump: Trump Wins One Versus Stormy

10/18/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the recent decision that dismissed Stormy Daniels' defamation lawsuit against the President. Listen now!

Charlie Gerstein

Civil Rights Corps

Raising Red Flags about Shelby County

10/15/18  //  Commentary

Although Shelby County had a dramatic and immediate real-world impact, its future doctrinal importance is likely minimal.

Travis Crum

University of Chicago

Versus Trump: N.Y. Versus Wilbur Ross

10/11/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!

Charlie Gerstein

Civil Rights Corps

Election Equipment Vendors Play a Key, and Underexamined, Role in U.S. Democracy

9/17/18  //  Commentary

A major effort to bar independent research into the efficacy and security of American voting equipment is underway right now.

Versus Trump: The Power's Out. Literally.

9/13/18  //  Commentary

On this week's episode of Versus Trump, Jason gives a quick update on a case we're watching and then signs off, because, well, in the middle of recording this week's episode, Charlie's power went out. But we'll be back next week with a full show.

Charlie Gerstein

Civil Rights Corps

Versus Trump: How Bad Is It?

9/6/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie ask the question that so many of us ask frequently: how bad is the Trump Administration? Is it better or worse than we should have expected back on election night in 2016? Listen now!

Charlie Gerstein

Civil Rights Corps

Kavanaugh, Foreign Agents, and American Elections

9/5/18  //  Commentary

Because of a 2011 case called Bluman v. FEC, written by Judge Brett Kavanaugh, a great deal of electoral interference by Russian agents in 2016 may have been legally authorized

Justin Levitt

Loyola Law School

Versus Trump: A Two-Level Versus Trump Case

8/30/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a case that fits our podcast on two levels: it's a lawsuit against the Trump Administration about grand jury secrecy, and any decision could impact the Mueller investigation, which is the biggest Versus Trump case of them all. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: SALT In The Wounds

7/26/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by four blue states contending that the new cap on deducting state and local taxes—passed as part of the 2017 tax bill—is unconstitutional. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Inside the Doomed Union Refund Lawsuits, Part II

7/24/18  //  Uncategorized

Shortly after I posted my initial take on the headline-grabbing set of class action lawsuits seeking millions of dollars in refunds from public sector unions after Janus, two interesting things happened.

Aaron Tang

UC Davis School of Law

The Doomed—And Dangerous—Demand for Refunds from Public Sector Unions

7/19/18  //  Commentary

Sending unions into bankruptcy because they mistakenly trusted the Supreme Court when it stood by Abood in 2012 (and declined to overrule it again in 2014) would be more than a blow to middle class workers; it would be a serious danger to the rule of law.

Aaron Tang

UC Davis School of Law