Taking Texas Seriously: The Accidental Constitutional Case Against The TCJA

7/11/18  //  Commentary

By Mitch Johnston: If the mandate repeal is unconstitutional, then, based on the severability arguments advanced by the states, shouldn’t the entire Tax Cuts and Jobs Act (TCJA) be struck down with it?

Take Care

Taking a Dive on Risk Adjustment

7/9/18  //  Commentary

The Trump administration says that an adverse court ruling gives it no choice but to suspend some crucial payments under the Affordable Care Act. I don't buy it, and you shouldn't either.

Nick Bagley

University of Michigan Law School

Elusive Silver Linings & The Deregulatory First Amendment

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.

Stare Decisis, The Supreme Court, And Roe

7/9/18  //  Commentary

Some further evidence that a mere belief in stare decisis and judicial precedent does not mean a judge will not overrule cases, as Susan Collins has (falsely) suggested.

Leah Litman

U.C. Irvine School of Law

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

7/9/18  //  Commentary

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.

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

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

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

U.C. Irvine School of Law

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.

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

Yale Law 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

Civil Rights Corps

Jason Harrow

Equal Citizens

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