Recent | Take Care

To Save Obamacare, Repeal the Mandate

If congressional intent is the key to the Texas decision invalidating the Affordable Care Act, Congress can intervene. And the best way for it to do so is not to enter the litigation. It’s to legislate.

Nick Bagley

University of Michigan Law School

Richard Primus

University of Michigan Law School

Versus Trump: What Happened To Obamacare?

12/20/18 // Commentary

On this week's episode of Versus Trump, Charlie and Jason discuss Friday's unexpected ruling that the current version of the Affordable Care Act—that is, Obamacare—is unconstitutional and must be entirely struck down. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Two Texas Consultants Don’t Have Standing to Take Down Obamacare

12/18/18 // Commentary

There is no good legal argument for thinking that two guys from Texas have standing to challenge a law that doesn’t require them to do anything.

Nick Bagley

University of Michigan Law School

A Texas court has declared the entire ACA unconstitutional

12/15/18 // Commentary

The case sets the stage for yet another round of high-stakes constitutional litigation over the future of health care in the United States.

Nick Bagley

University of Michigan Law School

Are We All Textualists Now?

12/5/18 // Commentary

Trump's executive order closing the government today out of respect to George H.W. Bush violates the plain text of a federal statute. If we really were all textualists now, that would be taken seriously.

Neil J. Kinkopf

George State University College of Law

Shifting the Burden and Striking a Balance

11/16/18 // Commentary

It's no easy task to design effective voting rights legislation that can withstand Supreme Court review

Lisa Manheim

UW School of Law

History Shows that Trump’s Excuses Should Not Fly in the CNN/Acosta Lawsuit

11/15/18 // Commentary

By Jonathan Backer: President Trump is not the first American politician to retaliate against a journalist or media outlet for coverage that he does not consider favorable

Take Care

Why the Constitution Bars Trump from Retaliating Against Jim Acosta

11/13/18 // Commentary

By Bruce D. Brown and Joshua A. Geltzer: The United States has a long and proud history of journalists asking the President pointed questions without fear or favor

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Trump’s Threat to Restrict Birthright Citizenship Has (Troubling) Precedent

11/13/18 // Commentary

By Neil Weare and Sam Erman: It's time to invalidate policies denying birthright citizenship to persons born in U.S. territories

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The Justice Department’s New Tactic

11/12/18 // Commentary

The government is not entitled to play leapfrog whenever it loses in federal court

Joshua Matz

Forced Classification, Biological Determinism, and Sad Chapters from Our Nation’s History

10/31/18 // Commentary

In rigidly classifying people based on theories of biological determinism, we ignore history at our own peril

Praveen Fernandes

CAC

Symmetric Constitutionalism for a Polarized Era

10/30/18 // Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Can Courts Tell Trump To Stop Violating The First Amendment?

10/25/18 // Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about a new lawsuit by a group of journalists (filed by the legal group Protect Democracy) that hopes to stop President Trump from threatening adverse government action against those who criticize him. Plus, a Wilbur Ross update and a constitutional trivia question. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Controlling Our Losses

10/24/18 // Commentary

While bleak, planning to lose is not about conceding defeat. It’s about laying the groundwork for a brighter future and avoiding precedential barriers to that future.

Danielle D'Onfro

Washington University Law School

Raising Red Flags about Shelby County

10/15/18 // Commentary

Although Shelby County had a dramatic and immediate real-world impact, its future doctrinal importance is likely minimal.

Travis Crum

Washington University in St. Louis