5/9/17  //  In-Depth Analysis

It's our first emergency podcast! Right after the full Fourth Circuit heard oral arguments in a major case regarding the Muslim Travel Ban, we hopped on the line to do a recap. The podcast includes excerpts from the oral argument audio.

5/8/17  //  Commentary

One of the founding principles of this nation is that our government welcomes those of all faiths and rejects religious intolerance. President Trump’s order contravenes our nation’s fundamental commitment to religious freedom and to the equal protection of the laws. Federal courts should declare it unconstitutional.

5/8/17  //  Latest Developments

Take Care hereby presents in a single, organized post all commentary we have published about the revised travel ban. We hope you find it useful.

5/8/17  //  In-Depth Analysis

It is time to ask: Has Trump in effect forfeited some measure of judicial deference across contexts and cases, through his disrespect for the courts and the rule of law and his displays of prejudice and arbitrary decisionmaking? And if he has not yet reached that point, what more would it take?

5/8/17  //  In-Depth Analysis

The Trump administration has repeatedly (and incorrectly) argued that a policy does not constitute discrimination unless the policy discriminates against all members of a particular group.

5/8/17  //  Uncategorized

An easy way to stay up to speed on the issues you care about, or to catch up quickly on a new subject.

5/7/17  //  Commentary

In its Muslim Ban brief, DOJ favorably cites Palmer v. Thompson (1971)—which allowed Jackson, Mississippi to close public pools rather than integrate them. The Fourth Circuit should question DOJ about this stunning citation and make clear that Palmer, an odious ruling, has no place in anti-discrimination law today.

5/5/17  //  Commentary

Yesterday, the Freedom from Religion Foundation (FFRF) filed a lawsuit against Donald Trump’s most recent Executive Order, “Promoting Free Speech and Religious Liberty.” While there has been muted reaction to Trump’s executive order, the FFRF complaint makes two important points that have been mostly unappreciated.

5/5/17  //  Commentary

Waivers granted by HHS are critical to the design of the Republican healthcare legislation and may have a huge effect on how it works in practice. Here's a preliminary analysis of how HHS Secretary Tom Price is likely to exercise his discretion with respect to waivers.

5/5/17  //  Commentary

Basic principles of constitutional structure mean Trump is, and should be held, personally responsible for ICE’s egregious treatment of the DREAM-ers.

5/5/17  //  Latest Developments

Take Care hereby presents in a single post all commentary we have rounded up in our daily updates since the site launched on March 16. Together, these articles tell the story of the revised travel ban and offer a diverse set of perspectives on legal issues in the litigation.

5/4/17  //  Commentary

Sanctuary cities now face another threat much closer to home: their own state governments. And it will come as no surprise that the Lone Star State has led the way in seeking to shut down local efforts at protecting the dignity of undocumented migrants.

5/4/17  //  Quick Reactions

The President's Executive Order on "Promoting Free Speech and Religious Liberty" it is entirely hortatory, and does even less than the White House's modest roll-out last night suggested.

5/4/17  //  Quick Reactions

President Trump misstates the law, and mischaracterizes his own Executive Order, in the Rose Garden.

5/4/17  //  Commentary

This week on Versus Trump, the Take Care podcast, we preview a major argument in the Muslim travel ban litigation, talk to Professor Zach Price about reliance interests with respect to selective enforcement of federal laws, and more.