Recent | Take Care

The Supreme Court is Enabling President Trump

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.

David Gans

CAC

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

The Wharton 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

The Future Of Constitutional Discrimination Law After Hawai’i v. Trump

6/26/18 // Commentary

The future of discrimination law is secure, in short—and securely shut to minority races, ethnicities, and creeds suffering at the hands of a populist majority.

Aziz Huq

University of Chicago Law School

SCOTUS Crisis Pregnancy Center Case Shows Originalist Justices Are Originalist Except When They're Not

6/26/18 // Commentary

Let's not kid ourselves. Today's decision in NIFLA is an ideological decision.

Michael C. Dorf

Cornell Law School

A puzzle about standing, resolved.

6/26/18 // Commentary

Do the courts even have jurisdiction to hear the latest lawsuit seeking to undo the Affordable Care Act?

Nick Bagley

University of Michigan Law School

At SCOTUS, It's All About Taint

6/25/18 // Commentary

The Supreme Court decided two merits cases today and took one extremely puzzling action via a summary order. The unifying theme I'll identify is taint.

Michael C. Dorf

Cornell Law School

The severability question is not hard.

6/25/18 // Commentary

When Congress repealed the Affordable Care Act's individual mandate penalty, it left the rest of the law intact. The courts should respect that choice and not get drawn in to the relentless campaign against Obamacare.

Nick Bagley

University of Michigan Law School

That Bible Parable About The Plague of Tort Attorneys Who Sued The Border Patrol, ICE Officers, and DHS Bureaucrats

6/19/18 // Commentary

Calling all the ambulance chasers to address this administration's mistreatment of migrants.

Kari Hong

Boston College Law School

Jeff Sessions's Latest Asylum Atrocity

6/18/18 // Commentary

Coretta Scott King was right. Jeff Sessions is a horrible man to be Attorney General.

Leah Litman

U.C. Irvine School of Law

Abigail DeHart

Michigan Law School

America’s Monarch? Trump and the Pardon Power

6/18/18 // Commentary

For all who are devoted to country and Constitution, the idea of a self-pardon should be an anathema.

Gillian Metzger

Columbia Law School

Vicki C. Jackson

Harvard Law School

Self-Pardons, Constitutional History, and Article II

6/16/18 // Commentary

Michael McConnell and Richard Epstein have argued that the Constitution allows self-pardons. They are mistaken.

Jed Shugerman

Fordham Law School

The case that could end the Texas lawsuit.

6/15/18 // Commentary

A brief from the American Medical Association flags a Fifth Circuit case that seems to dispose of the constitutional argument in the latest challenge to the Affordable Care Act.

Nick Bagley

University of Michigan Law School