Recent | Take Care

September and/or January 25th (or how the Solicitor General learned to stop worrying and love the President’s disavowal of anti-Muslim animus)

The Solicitor General is apparently still trying to figure out why the entry ban is constitutional.

Michigan Law School

Magic-Words Thinking in Trump v. Hawaii -- or, How Not to Assess Governmental Motive

Giving President Trump the benefit of the doubt is one thing. Fictionalizing an account of his motive so as to avoid reaching a certain conclusion is something else.

Richard Primus

University of Michigan Law School

SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu

4/25/18 // Commentary

Korematsu holds that in a case like this one the obligation to strictly scrutinize invidiously discriminatory policies remains even when the government asserts a facially plausible national security justification.

Michael C. Dorf

Cornell Law School

It’s the Legacy of the Roberts Court—not the Travel Ban—at Stake

4/24/18 // Commentary

When future generations judge a particular composition of the Supreme Court, a major failure can become that Court's defining feature, overshadowing substantial contributions to the law.

Amir Ali

Roderick & Solange MacArthur Justice Center

This Week’s Blockbuster SCOTUS Cases Share a Troublesome Common Issue

4/24/18 // Commentary

Both the travel ban case and the Texas redistricting litigation raise questions about the staying power of discriminatory intent.

Justin Levitt

Loyola Law School

An Updated Guide to Our Analyses of the Travel Ban

4/23/18 // Latest Developments

Take Care hereby presents in a single, updated post all commentary we have published about the revised travel ban.

Take Care

On the So-Called 'Global Injunction' Question in the Travel Ban Case

4/23/18 // In-Depth Analysis

Thoughts on what remedy is appropriate if the travel ban is held unconstitutional

Marty Lederman

Georgetown Law

Our Constitution Forbids a Religious Test for Immigration

4/19/18 // Commentary

The Supreme Court should strike down Trump’s travel ban.

David Gans

CAC

Here's Why SCOTUS Should Block Travel Ban 3.0

4/17/18 // In-Depth Analysis

The government can't act based on animus toward particular religions. But that's exactly what Trump did.

Joshua Matz

Versus Trump: California Versus The Wall [UPDATED WITH EPISODE]

3/8/18 // Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss a recent district court opinion that rejected California's challenge to the Trump Administration's expedited border wall projects in California. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Russia Check-In

3/1/18 // Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

The First DACA Rescission Was Arbitrary and Capricious. Will the Next One Also Be?

2/16/18 // Commentary

Should Congress adopt a permanent fix to DACA in the coming days, the preliminary injunction will prove unimportant. But given deep divisions within and among the parties, that is hardly a sure thing. Accordingly, the ruling warrants careful study.

Michael C. Dorf

Cornell Law School

Why Enjoining DACA’s Cancellation Is Wrong

1/12/18 // Commentary

This decision, however attractive as a matter of policy, strikes me as mistaken under the law. It warrants swift reversal by higher courts.

Zachary Price

U.C. Hastings College of the Law

Versus Trump: 2017 Scorecard

1/4/18 // Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Against Deference: Considering the Trump Travel Ban

12/8/17 // Commentary

By Vicki Jackson & Judith Resnik: Upholding the third travel ban out of deference to the President on matters of foreign affairs would be a tragic mistake.

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