Recent | Take Care

The Establishing Shots of a Heist: The Trump DOJ Meets the Affordable Care Act

DOJ's argument that the Affordable Care Act reforms are not severable from the now unconstitutional mandate is not worth the Courier font it is typed in.

Ian Samuel

Harvard Law School

Leah Litman

Michigan Law School

Texas Fold 'Em

6/7/18 // Commentary

The Trump administration has asked a district court to wipe much of the ACA from the books, starting in 2019. The brief represents an enormous blow to the integrity of the Justice Department -- and a threat to the rule of law.

Nick Bagley

University of Michigan Law School

Versus Trump: ACS Live Show Preview + Twitter Case Update

6/7/18 // Commentary

On this week's episode of Versus Trump, Easha and Jason preview their live show at the ACS National Convention and then discuss the recent decision concluding that President Trump violated the First Amendment when he blocked seven Twitter users from responding to his tweets. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

The Supreme Court’s Upside-Down Decision In Masterpiece

6/7/18 // Quick Reactions

By Nelson Tebbe & Larry Sager: Now is the time to solidify our understanding of Masterpiece, because other wedding vendor cases are still pending in the Supreme Court and in lower courts.

Nelson Tebbe

Brooklyn Law School

Forced Separation Of Families & Forced To-Term Pregnancies

6/7/18 // Commentary

The administration’s policy of forcibly separating children from their parents highlights some of the shortcomings with the legal justifications for the administration’s position in Azar v. Garza, the case in which the administration is refusing to allow undocumented women in its custody to obtain abortions.

Leah Litman

Michigan Law School

Masterpiece Cakeshop– A Troublesome Application Of Free Exercise Principles By A Court Determined To Avoid Hard Questions

6/7/18 // In-Depth Analysis

A system that threatens to overturn any administrative decision that appears tainted – even harmlessly – by signs of religious bias is one that will inevitably favor religious interests over other concerns

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

There Are No Shortcuts For A Democracy In Crisis: On The Limits Of Impeachment Talk.

6/7/18 // In-Depth Analysis

The hard work of saving the republic turns not on an exotic legal procedure but on the mundane, yet high-stakes work of politics itself

K. Sabeel Rahman

Demos & Brooklyn Law School

Fury and Despair over the Masterpiece Cakeshop Ruling are Misplaced

6/6/18 // Quick Reactions

Justice Kennedy makes an open-ended call for tolerance and compromise in his opinion. For that, he should be commended

Joshua Matz

Jennings v. Rodriguez, Immigration Sins Of the Past, And The Forced Separation Of Families

6/6/18 // Commentary

Jennings v. Rodriguez underscores how prior administrations, with the agreement of the federal courts, argued for expansive authority over immigration and immigration detentions that were ripe for abuse.

Leah Litman

Michigan Law School

A Puzzle about Standing (and the Affordable Care Act)

6/6/18 // Commentary

A group of states has filed a new constitutional challenge in an effort to bring down health reform. But do they have standing to sue?

Nick Bagley

University of Michigan Law School

Risk-Risk Tradeoffs in Presidential Impeachment

6/6/18 // In-Depth Analysis

Presidential impeachment involves risk-risk tradeoffs. While some of these risks might be mitigated, and while all deserve to be identified and weighed, the basic dilemma is inescapable.

David Pozen

Columbia Law School

To Save Democracy

6/5/18 // Commentary

Introducing a symposium on our new book, 'To End A Presidency: The Power of Impeachment.'

Laurence H. Tribe

Harvard Law School

Joshua Matz

Masterpiece Cakeshop: The Loss that is a Win

6/5/18 // Quick Reactions

In some cases, the public perception of a case — not its actual holding — is what is most important.

Amanda Shanor

The Wharton School

Ducking Day at the SCOTUS

6/5/18 // Commentary

There are times when strategic ducking makes sense practically if not strictly legally

Michael C. Dorf

Cornell Law School

Law and Farce: The Forced Separation of Families

6/5/18 // In-Depth Analysis

DOJ’s view is, apparently, that the law requires DHS to separate children from parents when families cross the border together. This post highlights some of the reasons why that's wrong.

Leah Litman

Michigan Law School