Recent | Take Care

Masterpiece Cakeshop and Reading Smith Carefully: A Reply to Jim Oleske

Thomas C. Berg and Douglas Laycock respond to criticism of their amicus brief in the Masterpiece Cakeshop case.

Take Care

A Free Press Requires a Strong and Independent Judiciary

A free press and a strong judiciary are among the best bulwarks against authoritarianism, and we need one to have the other.

Nancy Leong

Sturm College of Law

Versus Trump: Pardon Our Tone

10/19/17 // Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

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

The Value of Gerrymandering

10/7/17 // Commentary

What is the value to democracy from political gerrymandering for partisan advantage? The intuitive answer is the right one: None.

G. Michael Parsons

NYU School of Law

Justice Kennedy, The First Amendment, and Partisan Gerrymandering

10/4/17 // In-Depth Analysis

By David Gans: Will Justice Kennedy carve out a partisan redistricting exception from foundational First Amendment principles?

Take Care

One Notable Cost of Fidelity to Smith (re: Masterpiece Cakeshop)

9/28/17 // Commentary

Jim Oleske

Lewis & Clark Law School

Sessions Changed DOJ's Longstanding Position on Voter Purges in a Key SCOTUS Case.

9/26/17 // In-Depth Analysis

Now former DOJ officials are calling him on it.

Samuel Bagenstos

University of Michigan Law School

Trump on Compelled Speech: Unconstitutional for Bakers; Fine for NFL Players

9/25/17 // Commentary

Can Trump's Justice Department's position on Masterpiece Cakeshop be reconciled with his own views about professional athletes?

Michael C. Dorf

Cornell Law School

Versus Trump: The FOIA Spectacular!

9/21/17 // Commentary

On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny

9/21/17 // In-Depth Analysis

A sleeper issue is brought center stage by two leading religious liberty scholars

Jim Oleske

Lewis & Clark Law School

Versus Trump: Keeping the DREAM Alive

9/14/17 // Commentary

On this week’s episode of Versus Trump, we discuss a major new lawsuit that challenges President Trump's announced revocation of the DACA immigration program. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Appoint a Special Prosecutor, not an Amicus, to Challenge Arpaio’s Pardon

9/12/17 // Commentary

This would ensure that the novel constitutional questions surrounding the pardon receive full adversarial testing

Andrew Crespo

Harvard Law School

Can Congress Call A Special Election if Trump and Pence Are Impeached?

9/11/17 // In-Depth Analysis

Congress has the legal authority to remove the President and Vice-President and to call a special election to replace them. But the odds that it would ever do so are vanishingly small.

Richard Primus

University of Michigan Law School

Versus Trump: Versus DeVos (Re-Air)

9/7/17 // Commentary

On this week’s episode of Versus Trump, as summer ends and a new school begins, we re-air Jason's interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. We'll be back soon with new episodes.

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP