Recent | Take Care

Women Should Decide When and How to “Dress Like a Woman”

The President should set a better example for other employers and leave the question of how to dress like a woman—with all of the trade-offs and nuances it entails—to the people who actually have to do it.

Richard Thompson Ford

Stanford Law School

Republican (and Democratic) Hypocrisy on Faithful Execution

3/17/17 // Commentary

President Obama pushed the limits of enforcement discretion. Trump may be worse. Will anyone check him if he is?

Zachary Price

U.C. Hastings College of the Law

It’s Time To Pay Attention To Whom Trump Is Putting in Charge of Federal Agencies—And How He’s Doing It

3/17/17 // Commentary

President Trump isn't nominating people to many positions requiring Senate confirmation. Instead, he's relying on employees who haven't been vetted through the advice & consent process. That's not okay.

Brianne J. Gorod

Constitutional Accountability Center

American Cognitive Dissonance

3/17/17 // Commentary

Perhaps some good may come from Trump’s ham-fisted efforts to drain the swamp: a revitalization of the bureaucracy, which renders important services to the nation.

Jon D. Michaels

UCLA School of Law

The “One In, Two Out” EO Is Now Largely A Publicity Stunt

3/17/17 // Commentary

Trump proudly describes it as a regulation buster, but OIRA has effectively neutered his widely-derided executive order

Rachel Sachs

Washington University Law School

Youngstown Zone Zero

3/16/17 // Commentary

Justice Jackson's famous separation of powers framework offers no support for President Trump's entry ban. In fact, it's irrelevant.

Leah Litman

Michigan Law School

Ian Samuel

Harvard Law School

Faith in the Ninth Circuit

3/16/17 // Commentary

An analysis of Judge Bybee's dissent from denial of rehearing en banc in Washington v. Trump, and some predictions about the future of President Trump's revised entry ban.

Daniel Hemel

University of Chicago Law School

Desuetude and Immigration Enforcement

3/16/17 // Commentary

It's time to force Congress back into the conversation about immigration enforcement. Here's how.

Jamal Greene

Columbia Law School

Presidential Bad Faith

3/16/17 // Commentary

If the President cannot be trusted to “take Care that the Laws be faithfully executed,” then that obligation falls on “We the People."

Laurence H. Tribe

Harvard Law School

Trump’s Approach to Crime & Punishment

3/16/17 // Commentary

The president has continued existing policies, but also signaled a misplaced (and dangerous) reliance on immigration enforcement and incarceration to protect the public.

Chiraag Bains

Harvard Law School

Secretary Price Can’t Fix The CBO Score By Regulating

3/16/17 // Commentary

HHS Secretary Price says the CBO report on the American Health Care Act is not believable because he will reduce costs through regulatory changes. Don't be fooled.

Nick Bagley

University of Michigan Law School

Improper Commands from President Trump's Employees?

3/16/17 // Commentary

Key White House personnel might be violating important limits on their lawful authority.

Nikolas Bowie

Harvard Law School

Embracing Federalism

3/16/17 // Commentary

It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies

Erwin Chemerinsky

U.C. Irvine School of Law

Announcing Take Care

3/16/17 // Commentary

Take Care is a new collaborative blog that will provide insightful, accessible, and timely analysis of whether the President is adhering to legal limits on his authority.

Take Care