6/14/18  //  Commentary

By Adav Noti: In Minnesota Voters Alliance v Mansky, the Supreme Court avoided the pitfall of expanding its conceptually unsound campaign finance jurisprudence into a new area

6/14/18  //  Commentary

A bipartisan group of law professors, including the two of us, has filed a brief challenging the claim that the Affordable Care Act should be invalidated.

6/14/18  //  Commentary

The opinion is a $12 billion setback for insurers seeking money they're owed under the Affordable Care Act. But the costs of being cavalier about our debts extend far beyond this arcane fight.

6/14/18  //  Commentary

On this week's special live episode of Versus Trump, Easha, Charlie, and Jason share the stage at the ACS National Convention in Washington, DC with Maryland Attorney General Brian Frosh and Stanford Law's Pamela Karlan. They discussed several important cases brought by states against the Trump Administration as well as the broader federalism issues presented by Democratic Attorneys General being involved in so many lawsuits against the federal government. Listen now!

6/14/18  //  Commentary

The Trump administration’s refusal to defend portions of the Affordable Care Act is shocking enough. Equally shocking is how little it seems to care what happens if it gets what it’s asking for.

6/13/18  //  Commentary

Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.

6/12/18  //  Commentary

Will SCOTUS minimize its view of religious animus as applied to Muslims, despite having just magnified it as applied to conservative Christians?

6/12/18  //  Commentary

Jamie Durling & Garrett West explain that DOJ's brief declining to defend the Affordable Care Act makes yet another profound error.

6/8/18  //  Commentary

In a recent article, I expand on my argument that the Court's reasoning in Masterpiece Cakeshop suggests the Travel Ban violates the First Amendment.

6/7/18  //  Commentary

DOJ's argument that the Affordable Care Act reforms are not severable from the now unconstitutional mandate is not worth the Courier font it is typed in.

6/7/18  //  Commentary

The Trump administration has asked a district court to wipe much of the ACA from the books, starting in 2019. The brief represents an enormous blow to the integrity of the Justice Department -- and a threat to the rule of law.

6/7/18  //  Commentary

On this week's episode of Versus Trump, Easha and Jason preview their live show at the ACS National Convention and then discuss the recent decision concluding that President Trump violated the First Amendment when he blocked seven Twitter users from responding to his tweets. Listen now!

6/7/18  //  Commentary

The administration’s policy of forcibly separating children from their parents highlights some of the shortcomings with the legal justifications for the administration’s position in Azar v. Garza, the case in which the administration is refusing to allow undocumented women in its custody to obtain abortions.

6/6/18  //  Commentary

Jennings v. Rodriguez underscores how prior administrations, with the agreement of the federal courts, argued for expansive authority over immigration and immigration detentions that were ripe for abuse.

6/6/18  //  Commentary

A group of states has filed a new constitutional challenge in an effort to bring down health reform. But do they have standing to sue?