The Truman Committee and the Importance of Emergency Oversight

4/6/20  //  Commentary

By Charlie Miller & Brianne Gorod: House Speaker Nancy Pelosi has announced a Select Committee on the Coronavirus Crisis. The Truman Commission offers a model for oversight of the COVID-19 response.

Brianne J. Gorod

Constitutional Accountability Center

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.

Versus Trump: Who Are Presidential Electors?

1/25/20  //  In-Depth Analysis

On this week’s Versus Trump, Charlie and Easha take a deep dive into two recently granted Supreme Court cases that go to the heart of the systems that we use to elect the President. The discussion takes us deep into questions of political accountability, free choice, and constitutional history. A classic Versus Trump cat's-away-mice-will-play episode chock full of fun analysis of, among other things, Jason's work. Listen now! (I mean right now.)

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The Contempt of William G. Barr

11/22/19  //  Commentary

Attorney General Barr recently said that "the Left that is engaged in the systematic shredding of norms and the undermining of the rule of law." Barr's outright partisanship relies on misunderstandings of history and a misguided view of the role of the attorney general.

Peter M. Shane

Ohio State, Moritz College of Law

A Note on the Trea Turner Interference Call

11/4/19  //  Commentary

Sometimes, big calls in sports help illuminate key issues in the law and the role of judges. This year's World Series had one such major moment.

Impeachment and Congress's Power of the Purse

10/29/19  //  Commentary

The President does not have constitutional authority to withhold foreign aid that Congress has mandated by statute.

Zachary Price

U.C. Hastings College of the Law

Recognizing a Damages Remedy for Cross-Border Shootings

10/15/19  //  In-Depth Analysis

In Hernandez v. Mesa, the Supreme Court should hold that victims of cross-border shootings have a cause of action to seek damages against law enforcement officers who violate the Constitution

Versus Trump: Trump v. Everyone Who Wants His Taxes

8/1/19  //  In-Depth Analysis

This week on Versus Trump, Jason and Charlie are back from a hiatus to discuss the President's lawsuit against New York State and the House Ways and Means Committee, both of whom—he says—may be conspiring to release his New York State tax returns. Listen now!

Charlie Gerstein

Civil Rights Corps

Gundy, Raich, and Faustian Bargains

6/26/19  //  In-Depth Analysis

In Gundy, the liberal justices' desire to protect the administrative state led them to uphold an exceedingly punitive law. But this was a bad bargain. The conservatives will still reinvigorate the non-delegation doctrine, and a terrible law will still remain on the books.

Gregory Lipper

Clinton & Peed

Beyond Resistance: A Guide for Local Governments to Protect Their Communities

4/18/19  //  Latest Developments

By Jill E. Habig and Joanna Pearl: Here's how cities and states can protect their residents' rights

Take Care

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!

Easha Anand

San Francisco

Versus Trump: Versus Whitaker, In-Depth

12/6/18  //  Uncategorized

On this week's episode of Versus Trump, the gang is re-united, and they discuss the Supreme Court motion contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

More on the Unprincipled Nature of the Senate: Further Conversation with Professor Dorf

11/28/18  //  In-Depth Analysis

To persuade people that the Senate makes no sense, it’s necessary to shoot down a lot of possible defenses of the existing system

Richard Primus

University of Michigan Law School

Versus Trump: Versus Whitaker (JH solo)

11/15/18  //  Uncategorized

On this week's episode of Versus Trump, Jason has a solo episode where he talks about a motion by Maryland contending that Matthew Whitaker was not legally appointed as Acting Attorney General. Listen now!

Federalism and the Senate

11/15/18  //  In-Depth Analysis

Nothing valuable about our federalism depends on letting each state appoint the same number of representatives in the Senate

Richard Primus

University of Michigan Law School