Trump Isn't The Only Government Official Not Doing Enough To Protect Public Health

3/12/20  //  Quick Reactions

The President has been harshly criticized for his inadequate response to coronavirus. But state and local officials have the legal authority to do much more than they are doing to protect health and safety. They need to act now, with or without the President's support.

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Amazon vs. Trump

1/9/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason, Easha, and Charlie consider a new lawsuit by Amazon, in which the company claims that it was illegally denied a $10 billion Pentagon contract because of President Trump's stated dislike of Amazon founder Jeff Bezos. And the return briefly to the question of Bolton's potential testimony at the Senate impeachment trial. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Watch Out, Watch List

9/12/19  //  Commentary

On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Versus Trump: Huawei (or China??) Versus Trump

3/14/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Easha, and Jason discuss a new lawsuit by Huawei against various Trump Administration officials, plus they delve into international extradition law and look at the case of the company's detained CFO. Listen now!

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Rand Paul Must Reverse His Position On Judge Kavanaugh’s Supreme Court Nomination – Or Betray His Anti-War Legacy

9/11/18  //  Commentary

By Daniel Levine-Spound: Rand Paul’s support for Kavanaugh constitutes a betrayal of his opposition to the United States’ ever-expanding and seemingly interminable 'War on Terror'

Take Care

The Perils of National Security Exceptionalism

4/23/18  //  Commentary

Whatever side the Court takes in the travel ban litigation, it should renounce national security exceptionalism

Ingrid Brunk Wuerth

Vanderbilt Law School

Ganesh Sitaraman

Vanderbilt Law School

Versus Trump: California Versus The Wall [UPDATED WITH EPISODE]

3/8/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss a recent district court opinion that rejected California's challenge to the Trump Administration's expedited border wall projects in California. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Guantánamo and President Trump’s Anti-Muslim Animus

1/24/18  //  Commentary

By Nimra Azmi and Sirine Shebaya: Trump's position on Guantánamo perfectly aligns with his habitual rejection of the idea that Muslims accused of terrorism are entitled to any constitutional protections

Take Care

Donald Trump's New Intelligence Slush Fund

1/22/18  //  Commentary

The continuing resolution that was signed by President Trump contains a provision that permits his intelligence agencies to spend billions of dollars on anything they want, without having to inform Congress about what they are doing. This seems like a bad idea.

Ian Samuel

Harvard Law School

Versus Trump: Borderline Searches + Response To First Mondays

11/16/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's electronic devices at the U.S. border, and they also respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Trump and North Korea: Where's Congress?

8/13/17  //  Commentary

Guest poster Eric Segall argues that Congress must act now to ensure that the President does not unilaterally commit an act of war without Congressional consent.

Take Care

Ten Questions for a New FBI Director

6/6/17  //  Commentary

By Allison Murphy: Given President Trump’s documented and acknowledged efforts to interfere with the independence of the FBI, the Senate should presume that could continue under a new FBI Director. It is therefore incumbent upon Senators to ensure that any Trump nominee for FBI Director commits to certain baseline aspects of independence and impartiality before any new nominee is confirmed. Here are 10 questions that require answers.

Take Care

Trump's Mistaken Signing Statement on Marijuana Enforcement

5/16/17  //  Commentary

Trump suggested in a recent signing statement that he could disregard an appropriations restriction on federal marijuana enforcement. But Trump is mistaken.

Zachary Price

U.C. Hastings College of the Law

The Trump Administration May Already Have What It Needs for a Serviceable (and Unconstitutional) “Muslim Registry”

4/19/17  //  In-Depth Analysis

The Trump Administration may already have the tools it would need to predict with high accuracy the religious identity of a significant percentage of U.S. citizens and visiting Muslims. And software engineers, not lawyers, may be our first line of alarm and defense.

Cruise Missiles More Dangerous Than the "Nuclear Option"

4/10/17  //  Commentary

If Congress does nothing now to further delineate the scope of presidential authority to deploy military force, it will effectively be forfeiting, now and forever, its constitutional authority to check presidential moves short of all-out state-to-state war.

Peter M. Shane

Ohio State, Moritz College of Law