Recent | Take Care

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

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

Compulsion and Complicity

7/12/18 // In-Depth Analysis

By Catherine Fisk: The conservative majority's deregulatory use of the First Amendment will weaken it as a safeguard against tyranny

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Elusive Silver Linings & The Deregulatory First Amendment

7/9/18 // Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.

Caroline Mala Corbin

UMiami Law

Abbott v. Perez: Bad Reading Invites Discriminatory Redistricting

7/6/18 // In-Depth Analysis

Ironically but thankfully, the result of Justice Alito's deeply mistaken analysis in Abbott v. Perez is an opinion that makes less bad law than it might have.

Daniel P. Tokaji

Ohio State, Moritz College of Law

The Recyclable Sentences of the Deregulatory First Amendment

7/5/18 // In-Depth Analysis

There are a few recyclable sentences lurking in lower-profile cases that may offer the best guidance to where the Court is heading next

Nikolas Bowie

Harvard Law School

DOJ and the Voter Rolls

7/5/18 // Commentary

In voting rights, as elsewhere, there’s plenty of reason to stay woke. But if you’re looking for evidence of the crumbling of the Republic, the recent voter roll settlement in Kentucky isn’t the place to start.

Justin Levitt

Loyola Law School

The Deregulatory First Amendment Strikes Back

7/3/18 // Commentary

The first in a series of posts on the uses and abuses of the First Amendment as a deregulatory tool

Charlotte Garden

Seattle University School of Law

When the Supreme Court Takes Sides

6/28/18 // Commentary

The Constitution protects all speakers equally. Until it doesn’t – as the Supreme Court just made clear in Janus v. AFSCME.

Amanda Shanor

The Wharton School

SCOTUS Crisis Pregnancy Center Case Shows Originalist Justices Are Originalist Except When They're Not

6/26/18 // Commentary

Let's not kid ourselves. Today's decision in NIFLA is an ideological decision.

Michael C. Dorf

Cornell Law School

Versus Trump: To End a Presidency? (Interview with Joshua Matz)

6/21/18 // In-Depth Analysis

On this week's episode of Versus Trump, Jason talks about the past, present, and future of impeachment with Joshua Matz. Joshua is the publisher of Take Care and the co-author, with Laurence Tribe, of the acclaimed new book To End a Presidency: The Power of Impeachment. Listen now!

Jason Harrow

Gerstein Harrow LLP

Court Affirms Government’s Interest in Protecting Voting Process

6/14/18 // Commentary

By Adav Noti: In Minnesota Voters Alliance v Mansky, the Supreme Court avoided the pitfall of expanding its conceptually unsound campaign finance jurisprudence into a new area

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If You’re Minnesota Nice, You Can Wear Whatever You Want to the Polls

6/14/18 // Quick Reactions

By Ilya Shapiro: SCOTUS has ruled that a Minnesota law banning 'political' apparel at polling places violates the First Amendment

Take Care

What About the Free Speech Clause Issue in Masterpiece?

6/13/18 // Commentary

Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.

Robert Post

Yale Law School

A Brief and Obvious, But Nonetheless Necessary, Observation About Today's SCOTUS decision in the Ohio Voter Registration Case

6/11/18 // Quick Reactions

I wouldn't accuse any of the justices of voting in voting rights cases based on a conscious calculation of what's best for the Republican or Democratic Party. But an inference of at least subconscious bias certainly fits the facts.

Michael C. Dorf

Cornell Law School

Versus Trump: ACS Live Show Preview + Twitter Case Update

6/7/18 // Commentary

On this week's episode of Versus Trump, Easha and Jason preview their live show at the ACS National Convention and then discuss the recent decision concluding that President Trump violated the First Amendment when he blocked seven Twitter users from responding to his tweets. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco