3/23/20  //  Commentary

Congress has a crucial role to play in keeping us safe from COVID-19. Notwithstanding baseless continued attacks on the Affordable Care Act, Congress is fully empowered to legislate on these issues.

3/19/20  //  Commentary

On this week’s Versus Trump, Jason talks with Aaron Belkin and Matt Lehrich of Take Back The Court. They talk about Aaron's idea for the Democrats to add four seats to the U.S. Supreme Court in response to what he sees as two "stolen" seats. Listen now!

3/12/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason cover a number of outstanding decisions and issues that they've missed over the last month. They talk Mueller Report, Medicaid work requirements, and more. Listen now!

3/9/20  //  Commentary

The current coronavirus epidemic shows why it's often a good idea to vest specific executive authority in officers other than the President.

3/6/20  //  Commentary

Congress has historically exercised its broad oversight authority to investigate public health crises and the executive branch’s responses to them, and it can do the same here.

3/5/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss the D.C. Circuit's recent opinion holding that courts have no power to enforce subpoenas issued by the House. They discuss the opinion's rationale, whether it makes sense, and whether the House might—or should—take the court up on its offer to start jailing Trump Administration officials in their own brig. Listen now!

3/2/20  //  Commentary

With the argument in June Medical days away, Gretchen Borchelt of the National Women's Law Center argues that the Court must "reaffirm that women’s equality is fundamentally connected to the right to abortion."

2/28/20  //  Commentary

Three leading scholars call Louisana's attempt to deny doctors standing in abortion-related cases "cynical," and they explain why the Court would have to upset decades of well-settled, sensible precedent to agree with Louisiana.

2/27/20  //  Commentary

Many have argued that the law at issue in June Medical does not promote anyone's health. But, looking deeper, Priscilla Smith argues that the state's whole statutory scheme "reflects and entrenches unfounded stereotypes about women."

2/26/20  //  Commentary

In the third post in our Symposium on June Medical, Professor Mary Ziegler links Louisiana's argument that doctors lack standing to litigate cases related to abortion with a broader shift in litigation tactics by those opposed to abortion. And she wonders whether a reversal of precedent on standing doctrine could lead inevitably to the end of Casey and Roe.

2/25/20  //  Commentary

In our Symposium on June Medical, Andrew Beck of the ACLU's Reproductive Freedom Project wonders if a decision in this case will leave many Americans with a right to abortion on paper—but not in practice.

2/24/20  //  Commentary

On March 4, the Supreme Court will hear its first abortion case in several years. In the first entry of our symposium, Dean Erwin Chemerinsky sets up the stakes—and fears that the case is going to end with the five conservative justices allowing severe restrictions on abortion, such as have not been upheld since Roe v. Wade.

2/18/20  //  Commentary

The administration often tries to foist blame on the courts for its politically unpopular policies--or to have the courts effectuate its politically unpopular policies for the administration.

2/13/20  //  Commentary

On this week’s Versus Trump, Charlie and Jason discuss a dissenting opinion by a Trump-appointed judge arguing that states cannot be sued for violating the Voting Rights Act. They then say goodbye to Easha with a tribute to her thinking about Versus Trump law and litigation. Listen now!

2/9/20  //  Commentary

Last week, I took both sides of a series of important, related question: was Trump’s impeachment a good thing for democracy? The rule of law? For Democrats? Now I have to render a verdict. Which one was it?