Recent | Take Care

The Brutal Math of Repealing the Individual Mandate

Is the country really better off if millions of people forgo medical care, and millions more go bankrupt, so that corporations can pay lower taxes? That’s not a rhetorical question. Those are the stakes of the game.

Nick Bagley

University of Michigan Law School

Hargan v. Garza And The (Near) Future Of Abortion Access

11/16/17 // Commentary

Hargan v. Garza is but one instance in a broader attack on abortion access.

Leah Litman

Michigan Law School

Doubling Down on a Deeply Troubling Argument in Masterpiece Cakeshop

11/14/17 // In-Depth Analysis

Tom Berg and Douglas Laycock defend a novel theory that could eviscerate civil rights laws

Jim Oleske

Lewis & Clark Law School

Hargan v. Garza As The Trump Administration's Vision For DOJ

11/13/17 // Commentary

DOJ's conduct in Hargan v. Garza is the clearest example of how this administration wants to use DOJ for political purposes.

Leah Litman

Michigan Law School

Versus Trump: Updates, Y'all!

11/9/17 // Commentary

You want updates, so we've got updates! On this week’s episode of Versus Trump, Jason and Easha revisit several important cases and news items that we've previously mentioned so that you have the latest information on them. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

Want To Know What’s Been Happening Lately in the Congressional Emoluments Case? A Lot.

11/9/17 // Latest Developments

Updated on a case against the President for his violations of the Constitution's Emoluments Clauses.

Brianne J. Gorod

Constitutional Accountability Center

The Diversity Lottery and the Lottery of Birth

11/8/17 // Commentary

An immigration lottery has symbolic value. It symbolizes the role that luck plays in all our lives, including with respect to citizenship.

Michael C. Dorf

Cornell Law School

We Need Less, Not More Border Security

11/7/17 // In-Depth Analysis

By Kari E. Hong: We do not need more security. We need less of it, and a substantial reduction at that.

Take Care

Trump’s Anti-Trans Animus, Unmasked

11/6/17 // Commentary

By Scott Skinner-Thompson: A federal district court has concluded that President Trump’s ban on transgender people in the military was likely motivated by animus, not readiness.

Take Care

Versus Trump: The First Shoe (with guest David Sklansky)

11/2/17 // Uncategorized

On this week’s episode of Versus Trump, Jason, Charlie, and special guest David Sklansky discuss the first shoe to drop from the Mueller investigation: the indictment of Paul Manafort and Rick Gates, and the guilty plea of George Papadopoulos. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

The First Amendment and Soliciting Crimes of Migration

11/2/17 // In-Depth Analysis

By Daniel I Morales: Can the federal government make it a crime to encourage or induce a noncitizen to illegally enter or reside in the United States?

Take Care

The Pardon Power is a Bug, Not a Feature

11/1/17 // Commentary

The pardon power is a kind of booby trap that threatens to explode our system of constitutional accountability.

Michael C. Dorf

Cornell Law School

The First Amendment Does Not Give Commercial Businesses a License to Discriminate

11/1/17 // In-Depth Analysis

In Masterpiece, the Petitioner's argument would wreak havoc on long established First Amendment principles, giving businesses a right to disregard content-neutral regulations of their conduct

David Gans

CAC

Holding Up (Possible) Remedies

10/31/17 // In-Depth Analysis

The stakes are high for defendants awaiting the Supreme Court's decision in Sessions v. Dimaya.

Leah Litman

Michigan Law School

Lark Turner

Religious Freedom and the Masterpiece Case

10/31/17 // In-Depth Analysis

Robbie Kaplan and I have filed a brief on behalf of Church-State Scholars addressing the Free Exercise Clause issues in this important case.

Joshua Matz