Recent | Take Care

Thoughts on the Chief's Strategy in the Census Case

It's extremely likely that the citizenship question will appear on the 2020 census—and the Chief intended precisely that result

Joshua Matz

Constitutional Blindspot: How The Roberts Court Is Betraying Our Democracy

7/1/19 // Commentary

The Roberts Court has a constitutional blindspot. It consistently ignores the many parts of the Constitution that help preserve and protect a vibrant democracy open to all.

David Gans

CAC

Rucho and Section 2 of the Voting Rights Act

6/27/19 // Quick Reactions

The Court’s decision in Rucho will have profound and disastrous implications for the 2020 redistricting cycle and beyond. But it may also foreshadow the endgame for Section 2

Travis Crum

Washington University in St. Louis

Gundy, Raich, and Faustian Bargains

6/26/19 // In-Depth Analysis

In Gundy, the liberal justices' desire to protect the administrative state led them to uphold an exceedingly punitive law. But this was a bad bargain. The conservatives will still reinvigorate the non-delegation doctrine, and a terrible law will still remain on the books.

Gregory Lipper

Clinton & Peed

Courting Disaster: Progressive Candidates’ Reticence on Judicial Nominations

6/25/19 // Commentary

Will progressive candidates for national office be asked about judicial nominations and will these candidates make the federal judiciary a top-tier message? On paper at least, there are reasons to think progressive candidates will get it right this time.

Praveen Fernandes

CAC

Two Recent Decisions Confirm the Pivotal Role of Trump-Appointed Judges

6/25/19 // Commentary

In two divided decisions issued one day in late June, the Supreme Court came awfully close to rewriting the law in two different areas that could have produced devastating consequences for all Americans

Elliot Mincberg

People For the American Way

United States v. Davis: And Now Comes The Good Part

6/24/19 // Quick Reactions

The reach of the Supreme Court’s opinion in United States v. Davis will be dictated by a host of procedural rules.

Leah Litman

Michigan Law School

The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards

6/24/19 // In-Depth Analysis

The Court has adopted unreflectively the perspective of Christians in a political majority, without regard to the perspective of others

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

The Supreme Court Will Hear Another Affordable Care Act Case

6/24/19 // Quick Reactions

At issue is whether the United States broke a promise to make $12 billion in federal payments to the insurers that participated on the ACA's exchanges.

Nick Bagley

University of Michigan Law School

John Roberts the Institutionalist?

6/22/19 // Commentary

If his decision to join the dissent in Gundy v. United States is any sign of things to come, John Roberts the institutionalist has left the building

Gillian Metzger

Columbia Law School

There Goes Title X: Title X is Contraception, Folks

6/22/19 // Commentary

By Priscilla J. Smith: Conservatives are hiding behind the abortion debate to attack contraceptive access and getting away with it

Take Care

On Gundy and the Nondelegation Doctrine

6/21/19 // Uncategorized

On Thursday, the conservative wing of the Supreme Court called into question the whole project of modern American governance.

Nick Bagley

University of Michigan Law School

Versus Trump: A Ninth Circuit Compromise

6/20/19 // Commentary

This week on Versus Trump, Jason and Charlie discuss the Ninth's Circuit's recent somewhat cryptic, compromise decision regarding the ban on service by transgender individuals in the military. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Legitimacy and the Supreme Court

6/19/19 // Commentary

It is illegitimate to consider legitimacy. So say many conservatives who seem terrified that Chief Justice John G. Roberts Jr. might care about public perception of the U.S. Supreme Court. But they are wrong.

Stephen Vladeck

University of Texas

Leah Litman

Michigan Law School

Joshua Matz

A Landmark (But Qualified) Victory for Transgender Rights

6/14/19 // Quick Reactions

The Ninth Circuit's decision regarding the 'trans ban' has broad implications and marks a vital development in protecting transgender rights under the U.S. Constitution.

Joshua Matz