Recent | Take Care

Versus Trump: Trump Versus California

On a new episode of Versus Trump, Easha, Charlie, and Jason discuss the Trump Administration's lawsuit against California. The lawsuit seeks to prevent the state from enforcing three new state laws that the federal government says will undermine enforcement of immigration law. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Magic-Words Thinking in Trump v. Hawaii -- or, How Not to Assess Governmental Motive

4/25/18 // Commentary

Giving President Trump the benefit of the doubt is one thing. Fictionalizing an account of his motive so as to avoid reaching a certain conclusion is something else.

Richard Primus

University of Michigan Law School

SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu

4/25/18 // Commentary

Korematsu holds that in a case like this one the obligation to strictly scrutinize invidiously discriminatory policies remains even when the government asserts a facially plausible national security justification.

Michael C. Dorf

Cornell Law School

It’s the Legacy of the Roberts Court—not the Travel Ban—at Stake

4/24/18 // Commentary

When future generations judge a particular composition of the Supreme Court, a major failure can become that Court's defining feature, overshadowing substantial contributions to the law.

Amir Ali

Roderick & Solange MacArthur Justice Center

#MeToo Paper Series (Part III)

4/24/18 // Uncategorized

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

Michigan Law School

This Week’s Blockbuster SCOTUS Cases Share a Troublesome Common Issue

4/24/18 // Commentary

Both the travel ban case and the Texas redistricting litigation raise questions about the staying power of discriminatory intent.

Justin Levitt

Loyola Law School

An Updated Guide to Our Analyses of the Travel Ban

4/23/18 // Latest Developments

Take Care hereby presents in a single, updated post all commentary we have published about the revised travel ban.

Take Care

On the So-Called 'Global Injunction' Question in the Travel Ban Case

4/23/18 // In-Depth Analysis

Thoughts on what remedy is appropriate if the travel ban is held unconstitutional

Marty Lederman

Georgetown Law

#MeToo Paper Spotlight (Part II)

4/23/18 // Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

Michigan Law School

The Perils of National Security Exceptionalism

4/23/18 // Commentary

Whatever side the Court takes in the travel ban litigation, it should renounce national security exceptionalism

Ingrid Brunk Wuerth

Vanderbilt Law School

Ganesh Sitaraman

Vanderbilt Law School

Just How Many Billions of Dollars Are at Stake in the Litigation over Cost-Sharing Payments?

4/20/18 // Commentary

The Court of Federal Claims has certified a class action brought by insurers to recover the cost-sharing payments that President Trump unceremoniously terminated. Its rationale suggests that the United States could be held liable for tens of billions of dollars.

Nick Bagley

University of Michigan Law School

Versus Trump: The View From 10,000 Feet (Joshua Matz Speech)

4/19/18 // Commentary

On a new episode of Versus Trump, we bring you a podcast version of the speech that Take Care publisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled "The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Listen now!

Jason Harrow

Gerstein Harrow LLP

Joshua Matz

Our Constitution Forbids a Religious Test for Immigration

4/19/18 // Commentary

The Supreme Court should strike down Trump’s travel ban.

David Gans

CAC

Here's Why SCOTUS Should Block Travel Ban 3.0

4/17/18 // In-Depth Analysis

The government can't act based on animus toward particular religions. But that's exactly what Trump did.

Joshua Matz

#MeToo Paper Spotlight (Part I)

4/16/18 // Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

Michigan Law School