Why SCOTUS Must Hear the Census Case on the Merits

4/1/19  //  In-Depth Analysis

The government's efforts to insulate Secretary Ross's decision from judicial review are wholly without merit. Here's why.

Versus Trump: Mueller-ing Things Over

3/28/19  //  Commentary

The Mueller Report is kinda, sorta here, so, on this week's episode of Versus Trump, Charlie and Jason analyze the Barr summary and then dive into the legal troubles of famous Trump antagonist Michael Avenatti. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: 100!

3/21/19  //  Commentary

On this week's 100th episode of Versus Trump, Charlie, Easha, and Jason offer a few quick hits and then have a discussion about the effect of litigation against the President personally and against the Administration. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Republicans['] Own Constitutional Discourse

3/12/19  //  Commentary

Democrats used to dominate constitutional discourse. Now Republicans do.

David Pozen

Columbia Law School

Might the SCOTUS be Wrong in its Unanimous Ruling that Dead Judges Can't Judge?

3/3/19  //  Commentary

The decision is justifiable as a bright-line rule, but the case was not quite the no-brainer that the justices imagined

Michael C. Dorf

Cornell Law School

What’s Next for the Presidential Transition?

2/26/19  //  Commentary

Congress must take steps to ensure that any 2020 transition is an improvement over Trump's transition in 2016

Is Trump's Emergency Unconstitutional or 'Merely' Illegal? And Does it Matter?

2/24/19  //  Commentary

And because Trump is a threat to constitutional democracy, the stakes over whether to call his bogus emergency 'merely' unlawful or also unconstitutional are non-trivial.

Michael C. Dorf

Cornell Law School

Congressional Oversight Is Not Presidential Harassment

2/21/19  //  In-Depth Analysis

Congress’s power to investigate—a power with deep roots in our nation’s history and precedent—is incredibly broad, and it allows Congress to look into lots of matters that the President would apparently rather remain unexplored

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Stop The Wall!

2/21/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss the early lawsuits that seek to stop the new sections of border wall that President Trump authorized through executive action. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Versus Trump: How Do We Protect Our Democracy?

2/14/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie sits down for a fun, casual conversation with Anne Tindall and Cameron Kistler of Protect Democracy about, well, protecting our democracy. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Chief Justice John Roberts’ Next Move Will Tell Us A Lot

2/13/19  //  Commentary

While Roberts deserves some praise for his vote last week, the story of this Louisiana law is far from over. And what Roberts does next will tell us a lot—about him and the trajectory of the Court he leads.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: The ACA's Still Here...

2/7/19  //  Uncategorized

On this week's episode of Versus Trump, Jason and Charlie discuss last month's federal court decision holding that Maryland could not proceed in its lawsuit that sought a declaration that the Affordable Care Act is constitutional and must be enforced. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

The National Emergencies Act Is Not a Blank Check

2/1/19  //  Uncategorized

The National Emergencies Act doesn't give the President unlimited power to declare a national emergency even when no emergency exists

Brianne J. Gorod

Constitutional Accountability Center

Historical Practice and Case Law Support Broad Congressional Oversight Powers

1/30/19  //  In-Depth Analysis

By Ashwin Phatak: Here's how Congress can use its investigatory powers to hold the Trump Administration accountable

Take Care

Final Thoughts on Prosecuting the President

1/24/19  //  In-Depth Analysis

Thoughts on the past, present, and future of special prosecutors

Andrew Coan

University of Arizona