SCOTUS should hear the ACA case now.
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.
Versus Trump: Year-End Mailbag
On this week’s Versus Trump, Jason and Charlie answer listener questions about impeachment, bribery, sanctions, and more! Thanks again for another great year. Listen now!
Trump and Text: An Open Relationship
President Trump claims he is appointing federal judges who will stick strictly to constitutional text. But he has shown few qualms about ignoring parts of the Constitution he finds inconvenient.
On Clerkships & Wasted Opportunities
An HLS Clerkship Blog encapsulates some of the challenges to the profession in light of Trump’s reshaping of the federal judiciary.
Versus Trump: Method or Manner?
On this week’s Versus Trump, Easha and Charlie discuss the Trump Administration’s efforts to resume federal executions after a decade-and-a-half hiatus. Listen now!
The Writing Is on the Wall for Obamacare
With the Trump administration's support, the Fifth Circuit ruled yesterday that the health-care law contains a constitutional flaw—and that most or all of the law may have to be scrapped.
Madness into Dissent
Democratic dissents are the last good thing coming from Trump’s NLRB. Now they’ll disappear.
Versus Trump: We're Famous! And There Are Articles
On this week’s Versus Trump, Jason, Charlie, and Easha respond to Rep. Matt Gaetz's shoutout to this podcast during the Judiciary Committee's impeachment hearings. They then discuss their reactions to the Democrats' strategy with their public hearings and articles of impeachment. Listen now!
Why Regulate Guns?
When the Supreme Court considers an important Second Amendment case this week, it ought to consider a robust conception of the state's interest in regulating firearms. Properly understood, the state's interest in adopting gun laws includes much more than mere empirical studies about how effective gun laws are at preventing wrongful gun deaths.
The Contempt of William G. Barr
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.
Versus Trump: What Is Bribery?
On this week’s Versus Trump, Jason, Charlie, and Easha discuss the definition of "bribery" for impeachment purposes, since Nancy Pelosi claimed that's what the evidence is showing at the impeachment hearings. They talk about how Congress and citizens should think about this notoriously slippery idea. Listen now!
Arguing Queer Rights
The Supreme Court arguments in the Title VII cases provide a good occasion to revisit how we talk about gender and sexual minorities.
The DACA Trap
The Supreme Court will hear arguments next week in a case about whether the Trump Administration can revoke DACA. But progressives ought to be wary of the long-term effects of prevailing. A win here could very well make it very hard to undo the lax enforcement policies of the current Administration.