Opioids and Unorthodox Civil Procedure: Will the MDL solve the crisis?

3/7/18  //  Commentary

The opioid litigation may be the starkest example yet of the power of large multi-district litigations and the unorthodox role that judges assume in them.

Abbe Gluck

Yale Law School

The Costs of Conscience and the Trump Contraception Rules

3/6/18  //  Commentary

The Constitution prohibits the government from accommodating religious practices when doing so entails undue hardship to third parties

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

Richard C. Schragger

UVA School of Law

A Feeble Constitutional Challenge to the ACA.

3/5/18  //  Commentary

A group of 20 states argues that the entire ACA should be invalidated. The litigation doesn't have legs, but will the Justice Department defend the law?

Nick Bagley

University of Michigan Law School

Versus Trump: Russia Check-In

3/1/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Where are the Facts?

3/1/18  //  Commentary

At oral argument in Janus v. AFSCME, Council 31, an important case about public sector unions, there were a lot of empirical questions—but not a lot of answers.

Brianne J. Gorod

Constitutional Accountability Center

Trump’s War On the Courts is a War on Democracy Itself

2/28/18  //  Commentary

Efforts to purge or delegitimize courts following rulings against government officials or their political party is a hallmark authoritarian move.

Do 18 Year Olds Have a Constitutional Right to Guns?

2/27/18  //  Commentary

What would real intermediate scrutiny of firearms regulations look like?

Michael C. Dorf

Cornell Law School

Versus Trump: Are There Lawsuits About Gun Regulation?

2/22/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss what's going on in courts related to gun regulation. They focus on one set of Versus Trump lawsuits in this area: suits by the Gabby Giffords Law Center to Prevent Gun Violence requesting any Trump Administration records that would show the influence of the gun lobby on the Administration. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

As Idaho Goes, So Goes The Nation

2/22/18  //  Commentary

Idaho is flouting the Affordable Care Act. Will the courts do anything to stop it?

Nick Bagley

University of Michigan Law School

The First DACA Rescission Was Arbitrary and Capricious. Will the Next One Also Be?

2/16/18  //  Commentary

Should Congress adopt a permanent fix to DACA in the coming days, the preliminary injunction will prove unimportant. But given deep divisions within and among the parties, that is hardly a sure thing. Accordingly, the ruling warrants careful study.

Michael C. Dorf

Cornell Law School

Versus Trump: Are Medicaid Work Requirements Legal?

2/15/18  //  Commentary

On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Relitigating Whole Woman's Health v. Hellerstedt

2/12/18  //  Commentary

A recently filed amicus brief highlights how one court has departed from Whole Woman's Health and other cases.

Leah Litman

U.C. Irvine School of Law

Masterpiece Cakeshop: Beware the False Equivalence

2/12/18  //  Commentary

Tolerating discrimination and tolerating the desire not to be discriminated against are simply not the same.

Versus Trump: The House Versus The FBI

2/8/18  //  Commentary

On the latest episode of Versus Trump, Charlie and Easha talk all things Russia investigation (or tangentially Russia investigation)—the Nunes #meh-mo, the fallout therefrom, and whether Trump will be interviewed by the Special Counsel.

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The President’s Latest Tweet on Health Care and Why it Matters

2/6/18  //  Commentary

The President's latest healthcare tweet is an example of how his own policy preferences are inconsistent, in a way that will prevent him from accomplishing his own stated goals.

Rachel Sachs

Washington University Law School