Recent | Take Care

President Trump Pretends He’s Solved His Foreign Emoluments Problem. He Hasn’t.

The right thing to do would be for President Trump to obey the Constitution, and this donation doesn’t begin to satisfy that obligation.

Brianne J. Gorod

Constitutional Accountability Center

Knock it off, Idaho. (But carry on, Idaho.)

3/9/18 // Commentary

The Trump administration won't look the other way as Idaho ignores the Affordable Care Act. But it's hoping to adopt a rule that will allow Idaho to achieve the same goal by other means.

Nick Bagley

University of Michigan Law School

Trump's Politicization of Law Enforcement is Authoritarian in Nature

3/9/18 // In-Depth Analysis

Trump’s actions to quash the independence of federal law enforcement mirror the approach of autocratic leaders around the globe.

Protect Democracy

Versus Trump: California Versus The Wall [UPDATED WITH EPISODE]

3/8/18 // Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss a recent district court opinion that rejected California's challenge to the Trump Administration's expedited border wall projects in California. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Opioids and Unorthodox Civil Procedure: Will the MDL solve the crisis?

3/7/18 // Commentary

The opioid litigation may be the starkest example yet of the power of large multi-district litigations and the unorthodox role that judges assume in them.

Abbe R. Gluck

Yale Law School

The Costs of Conscience and the Trump Contraception Rules

3/6/18 // Commentary

The Constitution prohibits the government from accommodating religious practices when doing so entails undue hardship to third parties

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

Richard C. Schragger

UVA School of Law

A Feeble Constitutional Challenge to the ACA.

3/5/18 // Commentary

A group of 20 states argues that the entire ACA should be invalidated. The litigation doesn't have legs, but will the Justice Department defend the law?

Nick Bagley

University of Michigan Law School

Versus Trump: Russia Check-In

3/1/18 // Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie check back in with the most politically charged of all Versus Trump suits: the Russia investigation. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Where are the Facts?

3/1/18 // Commentary

At oral argument in Janus v. AFSCME, Council 31, an important case about public sector unions, there were a lot of empirical questions—but not a lot of answers.

Brianne J. Gorod

Constitutional Accountability Center

Trump’s War On the Courts is a War on Democracy Itself

2/28/18 // Commentary

Efforts to purge or delegitimize courts following rulings against government officials or their political party is a hallmark authoritarian move.

Protect Democracy

A First Amendment for All? Free Expression in an Age of Inequality

2/28/18 // Latest Developments

Announcing a conference on how the First Amendment can advance the pursuit of social and economic equality

Jeffrey Stein

Columbia Law School

Defending Civil Rights in Starkville, Mississippi

2/27/18 // Latest Developments

A new lawsuit seeks to protect freedom of speech and equal protection for LGBT people in Mississippi

Joshua Matz

Do 18 Year Olds Have a Constitutional Right to Guns?

2/27/18 // Commentary

What would real intermediate scrutiny of firearms regulations look like?

Michael C. Dorf

Cornell Law School

Versus Trump: Are There Lawsuits About Gun Regulation?

2/22/18 // Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss what's going on in courts related to gun regulation. They focus on one set of Versus Trump lawsuits in this area: suits by the Gabby Giffords Law Center to Prevent Gun Violence requesting any Trump Administration records that would show the influence of the gun lobby on the Administration. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

As Idaho Goes, So Goes The Nation

2/22/18 // Commentary

Idaho is flouting the Affordable Care Act. Will the courts do anything to stop it?

Nick Bagley

University of Michigan Law School