Trump and the Essential Health Benefits

10/31/17  //  Commentary

The Trump administration wants to relax the rule requiring health plan to cover the essential health benefits. But its proposal has some legal problems.

Nick Bagley

University of Michigan Law School

Trump's Dangerous Call to Open Criminal Investigations into Democrats

10/30/17  //  Quick Reactions

As a nation, we now find ourselves in uncharted territory.

Eli Savit

University of Michigan Law School

Masterpiece Cakeshop and Reading Smith Carefully: A Reply to Jim Oleske

10/30/17  //  In-Depth Analysis

Thomas C. Berg and Douglas Laycock respond to criticism of their amicus brief in the Masterpiece Cakeshop case.

Take Care

The Trump DOJ's Puzzlingly Blasé View About Abortion Timing

10/30/17  //  Commentary

DOJ's position was about opposition to abortion, full stop. This explains it's baffling indifference to delaying to the moral implications of delaying a second-trimester abortion by eleven days.

Michael C. Dorf

Cornell Law School

Versus Trump Emergency Pod: JD v. DHS

10/26/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie have a quick turn-around emergency pod to discuss an ongoing—wait, just now resolved—case filed by a pregnant 17-year-old girl in federal immigration custody who seeks an abortion. Easha and Charlie first talk about the procedural wrangling that this case has wrought and second about the legal claims in the case, which bring them into the exciting worlds of reproductive rights, immigration law, and international relations. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

DOJ Goes Big So Prisoners Can't Go Home

10/26/17  //  In-Depth Analysis

DOJ now argues that people who are in prison based on mistaken understandings of criminal statutes must stay there. The Supreme Court should consider granting certiorari to correct its mistake (and the Eleventh and Tenth Circuits’).

Leah Litman

Michigan Law School

Tax Consequences of Legal Defense Funds

10/24/17  //  In-Depth Analysis

President Trump and a number of his associates have established legal defense funds (LDFs) in connection with various Congressional investigations. What rules govern these LDFs?

Take Care

A Free Press Requires a Strong and Independent Judiciary

10/20/17  //  In-Depth Analysis

A free press and a strong judiciary are among the best bulwarks against authoritarianism, and we need one to have the other.

Nancy Leong

Sturm College of Law

A Case To Watch: Garza v. Hargan

10/19/17  //  Quick Reactions

One facet of the government's position in Garza v. Hargan got a laugh at the Supreme Court when the government raised it in another case.

Leah Litman

Michigan Law School

Some Doubts About A Suit to Block Trump From Stopping Cost-Sharing Payments

10/19/17  //  Commentary

Yesterday, a group of 19 states asked a California district court to stop the Trump administration from cutting off the cost-sharing payments. Their lawsuit likely isn't meritorious.

Nick Bagley

University of Michigan Law School

Versus Trump: Pardon Our Tone

10/19/17  //  Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

An Analysis of DOJ's Brief in Masterpiece Cakeshop

10/18/17  //  In-Depth Analysis

DOJ's effort to to transform this case into a freedom of speech decision threatens the integrity of First Amendment rights. It should be rejected.

Robert Post

Yale Law School

Waiver Changes

10/18/17  //  Commentary

New bipartisan legislation to restore the cost-sharing payments would also make some changes to the rules governing ACA waivers. How substantial are those changes?

Nick Bagley

University of Michigan Law School

Travel Ban 3.0 in Court (again)

10/18/17  //  Quick Reactions

A quick analysis of the differences between the Hawaii and Maryland district court decisions on the entry restrictions in "EO-3."

Leah Litman

Michigan Law School

Travel Ban 3.0 in Court

10/17/17  //  Quick Reactions

A quick analysis of Judge Watson's order that temporarily restrained the latest set of entry restrictions.

Leah Litman

Michigan Law School