Recent | Take Care

The Fourteenth Amendment Turns 150 Today: Will Trump’s New Nominee Follow Its Text and History?

When exercising its role of advice and consent in coming weeks, the Senate must ensure that President Trump’s nominee is willing to respect the whole Constitution, not just the parts of our national charter that fit the President’s agenda.

David Gans

CAC

Versus Trump: Texas & Trump Versus The ACA

7/5/18 // Commentary

This week, Jason, Charlie, and Easha are back with a regular episode to discuss a stunning recent development in Texas v. United States, a case by Texas seeking to invalidate the Affordable Care Act (Obamacare). Last month, the Trump Administration not only agreed with Texas that the individual mandate is unconstitutional, but it also told the district court that the requirement to cover everyone with a pre-existing condition on the same terms as healthy folks should be struck down as well. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

DOJ and the Voter Rolls

7/5/18 // Commentary

In voting rights, as elsewhere, there’s plenty of reason to stay woke. But if you’re looking for evidence of the crumbling of the Republic, the recent voter roll settlement in Kentucky isn’t the place to start.

Justin Levitt

Loyola Law School

The Deregulatory First Amendment Strikes Back

7/3/18 // Commentary

The first in a series of posts on the uses and abuses of the First Amendment as a deregulatory tool

Charlotte Garden

Seattle University School of Law

Why Senator Collins Should Be Worried About Justice Gorsuch and Roe

7/2/18 // Commentary

Justice Gorsuch may have written a book about the law of precedent, but that didn’t stop him from ignoring the law of precedent in case after case this year

Brianne J. Gorod

Constitutional Accountability Center

Religious Animus or Reality?

7/2/18 // Commentary

In a recent case, the Court suggested that calling out an attempt to use religion to justify harming others was evidence of animus. That’s wrong.

Leah Litman

Michigan Law School

Abigail DeHart

Michigan Law School

The Supreme Court is Enabling President Trump

6/28/18 // Commentary

We have a President who thumbs his nose at the Constitution and the rule of law, and a Supreme Court that is willing to let him get away with it.

David Gans

CAC

When the Supreme Court Takes Sides

6/28/18 // Commentary

The Constitution protects all speakers equally. Until it doesn’t – as the Supreme Court just made clear in Janus v. AFSCME.

Amanda Shanor

The Wharton School

Versus Trump: Versus Mueller

6/28/18 // Commentary

After two special interview episodes of Versus Trump, Jason and Charlie get back to the usual format and talk about the leaked Dowd memo arguing that President should not be required to sit for an interview with the Special Counsel. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

What Does Justice Kennedy’s Retirement Mean for Environmental Protection?

6/27/18 // Commentary

Short Answer: It’s Not Good

Ann Carlson

UCLA School of Law

The Travel Ban and Inter-Branch Conflict

6/26/18 // Commentary

The real problem is the Trump Administration itself. What feels like damage today is largely the echo of damage that already happened, rather than something new.

Richard Primus

University of Michigan Law School

The Future Of Constitutional Discrimination Law After Hawai’i v. Trump

6/26/18 // Commentary

The future of discrimination law is secure, in short—and securely shut to minority races, ethnicities, and creeds suffering at the hands of a populist majority.

Aziz Huq

University of Chicago Law School

SCOTUS Crisis Pregnancy Center Case Shows Originalist Justices Are Originalist Except When They're Not

6/26/18 // Commentary

Let's not kid ourselves. Today's decision in NIFLA is an ideological decision.

Michael C. Dorf

Cornell Law School

A puzzle about standing, resolved.

6/26/18 // Commentary

Do the courts even have jurisdiction to hear the latest lawsuit seeking to undo the Affordable Care Act?

Nick Bagley

University of Michigan Law School

At SCOTUS, It's All About Taint

6/25/18 // Commentary

The Supreme Court decided two merits cases today and took one extremely puzzling action via a summary order. The unifying theme I'll identify is taint.

Michael C. Dorf

Cornell Law School