Hargan v. Garza And The (Near) Future Of Abortion Access

11/16/17  //  Commentary

Hargan v. Garza is but one instance in a broader attack on abortion access.

Leah Litman

Michigan Law School

Hargan v. Garza As The Trump Administration's Vision For DOJ

11/13/17  //  Commentary

DOJ's conduct in Hargan v. Garza is the clearest example of how this administration wants to use DOJ for political purposes.

Leah Litman

Michigan Law School

Versus Trump: Updates, Y'all!

11/9/17  //  Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

The Diversity Lottery and the Lottery of Birth

11/8/17  //  Commentary

An immigration lottery has symbolic value. It symbolizes the role that luck plays in all our lives, including with respect to citizenship.

Michael C. Dorf

Cornell Law School

Trump’s Anti-Trans Animus, Unmasked

11/6/17  //  Commentary

By Scott Skinner-Thompson: A federal district court has concluded that President Trump’s ban on transgender people in the military was likely motivated by animus, not readiness.

Take Care

The Pardon Power is a Bug, Not a Feature

11/1/17  //  Commentary

The pardon power is a kind of booby trap that threatens to explode our system of constitutional accountability.

Michael C. Dorf

Cornell Law School

Trump and the Essential Health Benefits

10/31/17  //  Commentary

The Trump administration wants to relax the rule requiring health plan to cover the essential health benefits. But its proposal has some legal problems.

Nick Bagley

University of Michigan Law School

The Trump DOJ's Puzzlingly Blasé View About Abortion Timing

10/30/17  //  Commentary

DOJ's position was about opposition to abortion, full stop. This explains it's baffling indifference to delaying to the moral implications of delaying a second-trimester abortion by eleven days.

Michael C. Dorf

Cornell Law School

Versus Trump Emergency Pod: JD v. DHS

10/26/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie have a quick turn-around emergency pod to discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Some Doubts About A Suit to Block Trump From Stopping Cost-Sharing Payments

10/19/17  //  Commentary

Yesterday, a group of 19 states asked a California district court to stop the Trump administration from cutting off the cost-sharing payments. Their lawsuit likely isn't meritorious.

Nick Bagley

University of Michigan Law School

Versus Trump: Pardon Our Tone

10/19/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Waiver Changes

10/18/17  //  Commentary

New bipartisan legislation to restore the cost-sharing payments would also make some changes to the rules governing ACA waivers. How substantial are those changes?

Nick Bagley

University of Michigan Law School

Trump has declared open war on Obamacare

10/16/17  //  Commentary

With its abrupt decision to terminate the cost-sharing subsidies, the Trump administration has thrown the exchanges into chaos on the eve of open enrollment; it has imperiled the full faith and credit of the United States; and it will cause a massive increase in federal spending.

Nick Bagley

University of Michigan Law School

The Easy Take And The Right Take On The Charlottesville Lawsuit

10/16/17  //  Commentary

There are two ways to look at one of the recent lawsuits against the organizers of the Charlottesville rally, the easy way and the right way.

Leah Litman

Michigan Law School

Ending a Critical Obamacare Subsidy

10/12/17  //  Commentary

The Trump administration will terminate the Affordable Care Act’s cost-sharing payments, further destabilizing the already-fragile exchanges on the eve of open enrollment. The legal fallout will be complex, messy, and expensive.

Nick Bagley

University of Michigan Law School