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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

Take Care

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.

Take Care

The Texas lawsuit could end some of the ACA's protections for employer coverage.

6/14/18  //  Commentary

The Trump administration’s refusal to defend portions of the Affordable Care Act is shocking enough. Equally shocking is how little it seems to care what happens if it gets what it’s asking for.

Nick Bagley

University of Michigan Law School

Impeachment and Presidential Rhetoric

6/14/18  //  In-Depth Analysis

It's time to consider the role of the President’s rhetoric in the discourse and practice of impeachment

Kate Shaw

Cardozo Law

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.

Take Care

Impeachment as Punishment

6/13/18  //  In-Depth Analysis

There is an important connection between impeachment and criminal law. Not in technical or legalistic doctrinal nuances, but rather in the core purposes underlying these two domains.

Andrew Crespo

Harvard Law School

What About the Free Speech Clause Issue in Masterpiece?

6/13/18  //  Commentary

Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.

Robert Post

Yale Law School

Smith Lives: The Politics of Free Exercise

6/12/18  //  Commentary

Will SCOTUS minimize its view of religious animus as applied to Muslims, despite having just magnified it as applied to conservative Christians?

Richard C. Schragger

UVA School of Law

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.

Take Care

Discretion and the Impeachment Power

6/12/18  //  Uncategorized

There are many ways in which this presidency is unlike so many that preceded it—and those differences are relevant to decisions about impeachment

Brianne J. Gorod

Constitutional Accountability Center

A Brief and Obvious, But Nonetheless Necessary, Observation About Today's SCOTUS decision in the Ohio Voter Registration Case

6/11/18  //  Quick Reactions

I wouldn't accuse any of the justices of voting in voting rights cases based on a conscious calculation of what's best for the Republican or Democratic Party. But an inference of at least subconscious bias certainly fits the facts.

Michael C. Dorf

Cornell Law School

The Results Are In: Law Firms & Mandatory Arbitrations

6/11/18  //  Quick Reactions

The results of the survey to law firms recruiting on campus shows which firms use mandatory arbitration, and which firms deigned to respond at all.

Leah Litman

Michigan Law School

The Federal Courts and the Road to Impeachment

6/11/18  //  In-Depth Analysis

We must think more carefully about the role that federal courts can and should play at earlier stages of what may become impeachment investigations

Stephen Vladeck

University of Texas

What Masterpiece Cakeshop Tells Us About the Travel Ban

6/8/18  //  Commentary

In a recent article, I expand on my argument that the Court's reasoning in Masterpiece Cakeshop suggests the Travel Ban violates the First Amendment.

Leah Litman

Michigan Law School

How Do We Check the President?

6/8/18  //  In-Depth Analysis

If impeachment is impossible and even talk of impeachment can be destructive, how do we check a president who is violating the Constitution?

Erwin Chemerinsky

U.C. Irvine School of Law