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.

2/28/18  //  Commentary

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

2/27/18  //  Commentary

What would real intermediate scrutiny of firearms regulations look like?

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!

2/22/18  //  Commentary

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

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.

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!

2/12/18  //  Commentary

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

2/12/18  //  Commentary

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

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.

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.

2/5/18  //  Commentary

President Trump's selection of primarily male nominees for a variety of positions will have consequences for the profession in the long run.

2/1/18  //  Commentary

On a new episode of Versus Trump, Charlie and Jason discuss an unexpected recent opinion that held that Ravi Ragbir, an immigration activist and alien subject to deportation, had the "freedom to say goodbye" before he could be removed from this country. Listen now!

2/1/18  //  Commentary

What if the president has no power to replace Rod Rosenstein after firing him—at least not without help from the Senate?

1/24/18  //  Commentary

Once again, the Trump Administration is baselessly threatening its political opponents with criminal charges.