Recent | Take Care

Getting To No On Roe

The question is not whether the reconstituted Supreme Court will overturn Roe v. Wade. The only question is how the Supreme Court will do so.

Leah Litman

Michigan Law School

America Has a Major Market Power Problem & SCOTUS Just Made It Worse

7/5/18 // In-Depth Analysis

Congress must clarify and revitalize antitrust law. The Supreme Court's opinion in Ohio v. American Express only strengthens that case.

Lina Khan

Open Markets Institute & Columbia Law School

The Recyclable Sentences of the Deregulatory First Amendment

7/5/18 // In-Depth Analysis

There are a few recyclable sentences lurking in lower-profile cases that may offer the best guidance to where the Court is heading next

Nikolas Bowie

Harvard Law School

In voting rights, as elsewhere, there’s plenty of reason to stay woke. But if you’re looking for evidence of the crumbling of the Republic, the recent voter roll settlement in Kentucky isn’t the place to start.

Justin Levitt

Loyola Law School

On Executive Power, Bigotry, and Borders

7/3/18 // Uncategorized

Some of the worst constitutional decisions in U.S. history read like a sleight of hand. So it is with the travel ban decision.

Elise Boddie

Rutgers Law School

The Deregulatory First Amendment Strikes Back

7/3/18 // Commentary

The first in a series of posts on the uses and abuses of the First Amendment as a deregulatory tool

Charlotte Garden

Seattle University School of Law

Why Senator Collins Should Be Worried About Justice Gorsuch and Roe

7/2/18 // Commentary

Justice Gorsuch may have written a book about the law of precedent, but that didn’t stop him from ignoring the law of precedent in case after case this year

Brianne J. Gorod

Constitutional Accountability Center

Religious Animus or Reality?

7/2/18 // Commentary

In a recent case, the Court suggested that calling out an attempt to use religion to justify harming others was evidence of animus. That’s wrong.

Leah Litman

Michigan Law School

Abigail DeHart

Michigan Law School

The Ideological Balance of the Supreme Court Hangs On The Midterm Elections— But Not Because Of Kennedy

6/29/18 // Quick Reactions

Whoever controls the Senate in the next two years may well determine who fills Justice Thomas’s seat.

G. Michael Parsons

NYU School of Law

The Supreme Court is Enabling President Trump

6/28/18 // Commentary

We have a President who thumbs his nose at the Constitution and the rule of law, and a Supreme Court that is willing to let him get away with it.

David Gans

CAC

When the Supreme Court Takes Sides

6/28/18 // Commentary

The Constitution protects all speakers equally. Until it doesn’t – as the Supreme Court just made clear in Janus v. AFSCME.

Amanda Shanor

The Wharton School

Versus Trump: Versus Mueller

6/28/18 // Commentary

After two special interview episodes of Versus Trump, Jason and Charlie get back to the usual format and talk about the leaked Dowd memo arguing that President should not be required to sit for an interview with the Special Counsel. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP