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All Posts by Take Care

Compulsion and Complicity

7/12/18  //  In-Depth Analysis

By Catherine Fisk: The conservative majority's deregulatory use of the First Amendment will weaken it as a safeguard against tyranny

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SCOTUS Goes Online

7/12/18  //  In-Depth Analysis

By John Paul Schnapper-Casteras: This might be the year that the Supreme Court begins to meaningfully grapple with the constitutional implications of emerging technologies.

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Taking Texas Seriously: The Accidental Constitutional Case Against The TCJA

7/11/18  //  Commentary

By Mitch Johnston: If the mandate repeal is unconstitutional, then, based on the severability arguments advanced by the states, shouldn’t the entire Tax Cuts and Jobs Act (TCJA) be struck down with it?

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President Trump, Your Words Do Matter (And Should Doom Your Muslim Ban)

6/21/18  //  In-Depth Analysis

Sirine Shebaya and Johnathan Smith: Trump has never been bashful about his anti-Muslim animus. And he has invoked that animus in creating policies, in defiance of the Constitution.

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We’ve Been (Unconstitutionally) Separating Children From Their Immigrant Parents For A While Now

6/20/18  //  In-Depth Analysis

By Carolyn Shapiro & Joanna Martin: Separating parents from their children without regard for the children’s rights and interests is unconstitutional

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Masterpiece Cakeshop and Protecting Both Sides

6/15/18  //  In-Depth Analysis

By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides

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Court Affirms Government’s Interest in Protecting Voting Process

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

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If You’re Minnesota Nice, You Can Wear Whatever You Want to the Polls

6/14/18  //  Quick Reactions

By Ilya Shapiro: SCOTUS has ruled that a Minnesota law banning 'political' apparel at polling places violates the First Amendment

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Originalist Critiques of Anti-Originalism: Still Don’t Know About History

6/14/18  //  In-Depth Analysis

By Saul Cornell: Although originalists invoke the authority of history, their method is profoundly ahistorical.

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To End A Presidency

6/13/18  //  In-Depth Analysis

Take Care is pleased to host a symposium on 'To End A Presidency: The Power of Impeachment'—a new book by Larry Tribe & Joshua Matz.

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The ACA and Marbury’s Severability Principle

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.

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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.

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Is Congress a Watchdog Asleep on the Job?

3/20/18  //  Commentary

By Former Republican Congressmen Tom Coleman and Mickey Edwards

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Daily Update | March 15, 2018

3/15/18  //  Daily Update

Students nationwide walked out of school to protest gun violence in an effort to pressure Congress to pass gun control legislation. The Fifth Circuit upheld most of SB4, the Texas ban on sanctuary cities. Alejandra Pablos, a nationally-recognized reproductive justice and immigrant rights leader, was the latest activist to be taken into custody by ICE. Attorney General Jeff Sessions is appointing interim U.S. attorneys who are loyalists to President Trump to districts in which the President may face litigation. Sessions is also reviewing a recommendation to fire Andrew McCabe, the former FBI Deputy Director, just days before McCabe's scheduled retirement.

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Remembering Buckley's Mistakes

1/31/18  //  In-Depth Analysis

By Stuart McPhail: Money isn't speech. It's time to revision Supreme Court cases that say otherwise.

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