Recent | Take Care

Versus Trump: Are Tax Returns Coming Soon?

On this week’s Versus Trump, Jason and Charlie discuss the Supreme Court's pair of decisions governing Trump's tax returns. Are they coming soon? Did the Democrats make a mistake in not being more aggressive in invoking the impeachment power? Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Who Decides the Future of the Equal Rights Amendment?

7/6/20 // In-Depth Analysis

Congress should decide what happens to the Equal Rights Amendment, not the courts or the Executive Branch.

Take Care

Pinkwashing the Supreme Court

7/2/20 // Commentary

The Court’s LGBTQ rulings should not distract from the broader trajectory of its jurisprudence in favor of the privileged.

Take Care

Religious Discrimination And Racial Discrimination

6/30/20 // Quick Reactions

The Court’s decision in Espinoza is similar to the trajectory of the law of racial discrimination in some respects, it also offers a striking contrast in others

Leah Litman

Michigan Law School

Deferred Reaction To the Courts

6/22/20 // Commentary

Democratic and Republican responses to the DACA decision illustrate the different focus the two parties put on the federal courts.

Leah Litman

Michigan Law School

The SDNY Debacle And The Supreme Court

6/20/20 // Quick Reactions

The Trump administration's apparent desire to force out the U.S. Attorney for SDNY could have implications for several major Supreme Court cases this term.

Leah Litman

Michigan Law School

Voting & Guns

4/27/20 // Quick Reactions

The dissenters in the New York gun case confirm that their reasoning in RNC v. DNC was a makeweight shell game.

Leah Litman

Michigan Law School

Healthcare & Guns

4/27/20 // Quick Reactions

On what the Supreme Court's opinions today suggest about next term's challenge to the ACA.

Leah Litman

Michigan Law School

Ten Thoughts On Ramos v. LA

4/20/20 // Quick Reactions

Ten thoughts on Ramos v. LA

Leah Litman

Michigan Law School

Versus Trump: Should Democrats Try And Pack The Supreme Court?

3/19/20 // Commentary

On this week’s Versus Trump, Jason talks with Aaron Belkin and Matt Lehrich of Take Back The Court. They talk about Aaron's idea for the Democrats to add four seats to the U.S. Supreme Court in response to what he sees as two "stolen" seats. Listen now!

Jason Harrow

Gerstein Harrow LLP

Red State Legislatures Cannot Cancel The Upcoming Presidential Election

3/17/20 // In-Depth Analysis

Some are worrying about Republican-controlled legislatures eliminating the right to vote in a presidential election and just appointing Trump-supporting electors themselves. Don't worry: not only is the scenario unlikely, it couldn't legally happen.

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Enforce Your Own Subpoena!

3/5/20 // Commentary

On this week’s Versus Trump, Charlie and Jason discuss the D.C. Circuit's recent opinion holding that courts have no power to enforce subpoenas issued by the House. They discuss the opinion's rationale, whether it makes sense, and whether the House might—or should—take the court up on its offer to start jailing Trump Administration officials in their own brig. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

The Blame Game

2/18/20 // Commentary

The administration often tries to foist blame on the courts for its politically unpopular policies--or to have the courts effectuate its politically unpopular policies for the administration.

Leah Litman

Michigan Law School

SCOTUS should hear the ACA case now.

1/15/20 // Commentary

The government's filings on why the Court should delay hearing the case only underscore the reasons for the Court to end this litigation now.

Leah Litman

Michigan Law School

On Clerkships & Wasted Opportunities

12/23/19 // Commentary

An HLS Clerkship Blog encapsulates some of the challenges to the profession in light of Trump’s reshaping of the federal judiciary.

Leah Litman

Michigan Law School