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All Posts by Take Care

Guantánamo and President Trump’s Anti-Muslim Animus

1/24/18  //  Commentary

By Nimra Azmi and Sirine Shebaya: Trump's position on Guantánamo perfectly aligns with his habitual rejection of the idea that Muslims accused of terrorism are entitled to any constitutional protections

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Privatization’s Other Frontiers

1/12/18  //  In-Depth Analysis

By Kate Shaw: We must also focus on ideological outsourcing and privatization by state governments

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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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Legal Grounds for an Impeachment Investigation of the President

12/7/17  //  Commentary

By Ron Fein et al: Based on publicly reported information, as of today there are at least eight grounds for the House to authorize the Judiciary Committee to begin hearings on whether to impeach President Donald J. Trump.

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We Need Less, Not More Border Security

11/7/17  //  In-Depth Analysis

By Kari E. Hong: We do not need more security. We need less of it, and a substantial reduction at that.

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Trump’s Anti-Trans Animus, Unmasked

11/6/17  //  Commentary

By Scott Skinner-Thompson: A federal district court has concluded that President Trump’s ban on transgender people in the military was likely motivated by animus, not readiness.

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The First Amendment and Soliciting Crimes of Migration

11/2/17  //  In-Depth Analysis

By Daniel I Morales: Can the federal government make it a crime to encourage or induce a noncitizen to illegally enter or reside in the United States?

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Masterpiece Cakeshop and Reading Smith Carefully: A Reply to Jim Oleske

10/30/17  //  In-Depth Analysis

Thomas C. Berg and Douglas Laycock respond to criticism of their amicus brief in the Masterpiece Cakeshop case.

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Tax Consequences of Legal Defense Funds

10/24/17  //  In-Depth Analysis

President Trump and a number of his associates have established legal defense funds (LDFs) in connection with various Congressional investigations. What rules govern these LDFs?

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Aiming the Bully Podium at Minority Communities

10/11/17  //  In-Depth Analysis

By Mark Joseph Stern: From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

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Forum on Defending the First Amendment from Trump

10/6/17  //  Latest Developments

Take Care and Protect Democracy have teamed up to host a forum in which leading scholars consider how we can use the law (and litigation) to protect against Trump's use of the 'bully podium.'

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Protect Democracy

The Bully and the Press

10/5/17  //  In-Depth Analysis

By Sonja West: In response to Trump's attacks, we should embrace the unique constitutional status of journalists and mount defenses based on the First Amendment Press Clause.

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Protect Democracy

Justice Kennedy, The First Amendment, and Partisan Gerrymandering

10/4/17  //  In-Depth Analysis

By David Gans: Will Justice Kennedy carve out a partisan redistricting exception from foundational First Amendment principles?

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Constructing the Press as Enemy

9/28/17  //  In-Depth Analysis

The Trump administration—in word and in deed—has engaged in enemy construction of the press.

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Daily Update | September 19, 2017

9/19/17  //  Daily Update

DACA recipients have filed suit against the Trump Administration over President Trump’s decision to end the program. Lambda Legal has filed an amicus brief in the travel ban case, arguing that President Trump’s ban is an unconstitutional violation of religious freedom. President Trump has called on the U.N. to reform itself, but stated that the Trump Administration will be “partners in your work.” Secretary of the Interior Ryan Zinke has recommended that regulations on 10 national monuments be loosened or downsized.

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