Obamacare As Superstatute

7/28/17  //  Commentary

The Affordable Care Act has wrought a normative transformation in American views on healthcare and public policy

Abbe R. Gluck

Yale Law School

Conflict of Interest Isn’t a Game

7/28/17  //  Commentary

When Trump makes claims about conflicts of interest without any reference to the applicable rules, he's just shooting squid ink.

David Sklansky

Stanford Law School

Waivers Are Dead, Long Live Waivers

7/27/17  //  Quick Reactions

The new skinny repeal bill contains an unwelcome surprise: a waiver provision that may provide a backdoor way for states to undo some of the ACA’s most significant protections.

Nick Bagley

University of Michigan Law School

Attorney General Jeff Sessions & The Uncertain Legal Status Of The U.S. Sentencing Guidelines

7/27/17  //  Commentary

Attorney General Jeff Sessions’ charging memo undermines one of the premises of the Supreme Court’s recent cases

Leah Litman

Michigan Law School

The D.C. Circuit Breaks New Second Amendment Ground

7/27/17  //  In-Depth Analysis

A recent D.C. Circuit decision created—for the moment, at least—an arguable circuit split on a very important issue.

Joseph Blocher

Duke Law School

Versus Trump: The Collusion Lawsuit

7/27/17  //  Uncategorized

On this week’s episode of Versus Trump, Charlie and Easha discuss a newly-filed lawsuit brought by private plaintiffs who allege that Trump's campaign and Trump advisor Roger Stone conspired with Russians to disclose private information about the plaintiffs. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

The Self-Pardon Question: What Comes Next?

7/27/17  //  Commentary

By Jeffrey Crouch: Might Congress amend the Constitution to take the self-pardon question off the table permanently?

Take Care

The Hypocrisy of the 'Skinny' Repeal

7/27/17  //  Commentary

The Republicans Themselves Said It Would be Disastrous

Abbe R. Gluck

Yale Law School

Allowing Felons to Vote Could Prevent Crime

7/27/17  //  Commentary

The case against felon disenfranchisement is overwhelming as a matter of public policy. This matters for the constitutional analysis.

Nancy Leong

Sturm College of Law

Treason and Cyberwarfare

7/27/17  //  In-Depth Analysis

By Carlton Larson: There are two forms of treason recognized under the United States Constitution: (1) levying war against the United States; and (2) adhering to our enemies, giving them aid and comfort. Each raises slightly different issues with respect to cyberwarfare.

Take Care

The Transgender Ban is Facially Unconstitutional

7/26/17  //  Quick Reactions

Such a blanket prohibition, tweeted out in advance of the Pentagon completing a policy review, is so lacking in credibility that its only motivation seems to be animus towards transgender people.

Jamal Greene

Columbia Law School

New White Paper on Trump and the Domestic Emoluments Clause

7/26/17  //  Commentary

A major new white paper shows why the Domestic Emoluments Clause is a critically important provision in our Constitution.

Brianne J. Gorod

Constitutional Accountability Center

The Russia Sanctions Bill Is Unconstitutional – and Unnecessarily So

7/26/17  //  Commentary

The bill to impose sanctions on Russia for meddling in the 2016 election is unconstitutional. And unnecessarily so.

Daniel Hemel

University of Chicago Law School

It’s Time To Take Responsibility, Senators

7/26/17  //  Commentary

This might well be Senators' final vote – they should act like it, and own the consequences.

Rachel Sachs

Washington University Law School

Due Process of Lawmaking and the Obamacare Repeal

7/25/17  //  Commentary

By Abbe Gluck: This is repeal for repeal’s sake. It’s not about policy. It’s all about politics. And of course, it’s also about human lives.

Take Care