Regulation

According to Stephen Bannon, the Trump Administration will seek “the deconstruction of the administrative state.” If that is true, a legal battle of epic proportions will follow.

Versus Trump: Two Guns Cases, And More

12/5/19  //  Uncategorized

First, real talk: yes, Versus Trump really did get a shoutout at the impeachment hearings on Wednesday! More on that next week. But on this week’s Versus Trump, Jason and Charlie discuss two guns cases. Listen now!

Charlie Gerstein

Civil Rights Corps

Why Regulate Guns?

11/30/19  //  Commentary

When the Supreme Court considers an important Second Amendment case this week, it ought to consider a robust conception of the state's interest in regulating firearms. Properly understood, the state's interest in adopting gun laws includes much more than mere empirical studies about how effective gun laws are at preventing wrongful gun deaths.

Reva Siegel

Yale Law School

Joseph Blocher

Duke Law School

Versus Trump: States vs. Conscience Rule

11/14/19  //  Uncategorized

On this week’s Versus Trump, Jason, Charlie, and Easha discuss a court's opinion vacating the Trump Administration's so-called "conscience rule." This rule would have broadly permitted many employees in the healthcare sector from in any way participating in procedures with which they have religious or moral disagreements—even in emergencies. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Versus Trump: Sanctions Versus DeVos!

11/8/19  //  Uncategorized

On this week’s special edition of Uncle Charlie's Sanctions Corner–wait, we mean Versus Trump—Jason, Charlie, and Easha bring on Eileen Connor of the Project on Predatory Student to discuss a major opinion issuing sanctions against the Department of Education. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The DACA Trap

11/6/19  //  Commentary

The Supreme Court will hear arguments next week in a case about whether the Trump Administration can revoke DACA. But progressives ought to be wary of the long-term effects of prevailing. A win here could very well make it very hard to undo the lax enforcement policies of the current Administration.

Zachary Price

U.C. Hastings College of the Law

A Note on the Trea Turner Interference Call

11/4/19  //  Commentary

Sometimes, big calls in sports help illuminate key issues in the law and the role of judges. This year's World Series had one such major moment.

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

A federal judge denies Leandra English's motion for a preliminary injunction in the dispute over who is acting director of the Consumer Financial Protection Bureau.

Zachary Piaker

Columbia Law School

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

The CFPB released its sixth annual report to Congress on college credit card agreements, which departs from past reports in taking schools to task for failing to meet their obligation under the CARD Act to publicly disclose their college credit card marketing agreements.

Zachary Piaker

Columbia Law School

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

The president’s declaration of an opioid emergency has been ineffective. The Trump Administration adopts a Medicare model startlingly similar to the Obama-era one it rejected.

Zachary Piaker

Columbia Law School

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

The Trump Administration is seeking to revive and broaden a rule that Congress killed last year requiring drug testing for unemployment benefits. There are fewer OSHA workplace safety inspectors under the Trump Administration than under President Obama.

Zachary Piaker

Columbia Law School

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

FERC unanimously rejects Energy Secretary Rick Perry’s proposal to support coal and nuclear power plants. The Trump Administration backs off of plans for new oil drilling off the Florida coast.

Zachary Piaker

Columbia Law School

Updates | The Week of January 15, 2018

1/14/18  //  Daily Update

A Congressional Review Act resolution to reverse the FCC’s net neutrality repeal garnered the critical 30th co-sponsor needed to force a vote on the measure.

Zachary Piaker

Columbia Law School

It’s Long Past Time to Take a Harder Look: The Latest in the DAPL Litigation

6/19/17  //  Quick Reactions

An important ruling against the Trump Administration's position on the Dakota Access Pipeline (DAPL).

Seth Davis

U.C. Irvine School of Law

The CBO-CBA Analogy, or What Wonks Could Learn from Each Other

3/17/17  //  In-Depth Analysis

Republican criticism of CBO's report on the American Health Care Act echoes long-standing criticism of cost-benefit analysis at OIRA. There are lessons to be learned here.

Jennifer Nou

University of Chicago Law School

NFIB v. Sebelius As Anti-Canon (a.k.a. This Administration’s Galling Constitutional Hypocrisy)

3/23/17  //  In-Depth Analysis

The Trump administration is engaged in stunning constitutional hypocrisy. Measured against conservatives' professed commitment to "liberty" and "freedom," there is no serious distinction to be drawn between Obamacare and Trump's American Health Care Act.

Leah Litman

Michigan Law School

Limiting State Flexibility in Drug Pricing

9/13/18  //  Commentary

Massachusetts wants to drive down the price of drugs for its Medicaid program. The Trump administration won't let it. What gives?

Nick Bagley

University of Michigan Law School

The Recyclable Sentences of the Deregulatory First Amendment

7/5/18  //  In-Depth Analysis

There are a few recyclable sentences lurking in lower-profile cases that may offer the best guidance to where the Court is heading next

Nikolas Bowie

Harvard Law School

All the Things You Don’t Realize are in the ACA and Now Could Vanish

12/17/18  //  In-Depth Analysis

It’s time to remember all the benefits of the Affordable Care Act, so that judges, the public, and Congress understand what's at stake

Abbe Gluck

Yale Law School

Symposium on 'Constitutional Coup' by Jon Michaels

1/14/18  //  Latest Developments

Take Care is pleased to host a symposium on Constitutional Coup

Thoughts on the Chief's Strategy in the Census Case

7/1/19  //  Commentary

It's extremely likely that the citizenship question will appear on the 2020 census—and the Chief intended precisely that result

Why California Stands in the Way of Trump's EPA

3/24/17  //  Commentary

President Trump recently announced that EPA will reconsider fuel efficiency standards. But so long as California remains free to set its own, more protective standard, Trump's decision may not matter very much. And the law is squarely on California's side.

Take Care

Michigan’s Discriminatory Work Requirements

5/8/18  //  Uncategorized

Michigan legislators want to exempt rural residents from Medicaid work requirements, but not extend the same accommodation to people who live in cities. The racial disparities are obvious—and unlawful.

Nick Bagley

University of Michigan Law School

Eli Savit

University of Michigan Law School

Uncertainty Has Consequences: Health Care Reform Edition

3/22/17  //  Commentary

Uncertainty created by presidential action can be destructive. That is painfully clear in the healthcare field, where President Trump's vague, confusing, and ever-changing policies are already causing harm.

Versus Trump: The FOIA Spectacular!

9/21/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Charlie discuss all things FOIA—that is, the Freedom of Information Act. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Health Care Reform Part IV: A Reminder that What We Do Matters

5/4/17  //  Commentary

The House will vote today on the American Health Care Act. Yet amendments to the bill were published only last night, there has been no updated score from the Congressional Budget Office (CBO), and no public hearings have been held. This is not an appropriate process.

The Amended Version of Graham-Cassidy is a Mess

9/25/17  //  Commentary

Senate Republicans have released a new version of their last-gasp effort to undo the Affordable Care Act. It's a mess.

Nick Bagley

University of Michigan Law School

The Justice Department’s New Brief in Texas v. United States

7/4/19  //  Commentary

In a welcome surprise, the Trump administration has urged the Fifth Circuit not to dismiss the appeal of the decision invalidating the Affordable Care Act.

Nick Bagley

University of Michigan Law School

Versus Trump: Suing To Stop A Shrinking Staircase

1/25/18  //  In-Depth Analysis

On a new episode of Versus Trump, Easha and Jason discuss several lawsuits filed over President Trump's recent Proclamation that substantially cuts the size of two National Monuments: Bears Ears National Monument and Grand Staircase-Escalante, both in Utah. Listen now!

Easha Anand

San Francisco

Versus Trump: SALT In The Wounds

7/26/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by four blue states contending that the new cap on deducting state and local taxes—passed as part of the 2017 tax bill—is unconstitutional. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

You’re So Vain … You Probably Think This Book’s About You

1/8/18  //  Commentary

An introduction to this week's symposium on my new book, 'Constitutional Coup: Privatization’s Threat to the American Republic'

Jon D. Michaels

UCLA School of Law

American Cognitive Dissonance

3/17/17  //  Commentary

Perhaps some good may come from Trump’s ham-fisted efforts to drain the swamp: a revitalization of the bureaucracy, which renders important services to the nation.

Jon D. Michaels

UCLA School of Law

The Blind Side In Trump’s War On The Administrative State

4/17/17  //  Commentary

Neomi Rao’s nomination to serve as Administrator of the Office of Information and Regulatory Affairs (OIRA) is part of Trump and Bannon’s war on the administrative state.

Leah Litman

Michigan Law School

Ian Samuel

Harvard Law School

Antitrust Ideas: Bring Back Investigations  

12/21/18  //  In-Depth Analysis

In the early 20th century, the FTC investigated whole sectors of the economy to identify abuses of power. It should do so again.

Ganesh Sitaraman

Vanderbilt Law School

Versus Trump: I Want Out!

7/13/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Easha discuss the cases against Trump University, the global settlement that was reached, and whether the pending challenge by a lone objector can—or should—alter the result. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

DeVos Gives Accountability the Boot

4/14/17  //  Commentary

Education Secretary Betsy DeDos has jettisoned memos that hold student loan services accountable for past performance. That hurts everyone except her buddies in the loan servicing industry.

Danielle D'Onfro

Washington University Law School

Versus Trump: Are Medicaid Work Requirements Legal?

2/15/18  //  Commentary

On a new episode of Versus Trump, Easha and Jason discuss a new lawsuit challenging the Trump Administration's approval of Kentucky's new rules for its Medicaid program. The new rules will require some Medicaid recipients to work 20 hours per week to receive health benefits, and they also impose other novel requirements. Listen now!

Easha Anand

San Francisco

Trump has declared open war on Obamacare

10/16/17  //  Commentary

With its abrupt decision to terminate the cost-sharing subsidies, the Trump administration has thrown the exchanges into chaos on the eve of open enrollment; it has imperiled the full faith and credit of the United States; and it will cause a massive increase in federal spending.

Nick Bagley

University of Michigan Law School

Texas Fold 'Em

6/7/18  //  Commentary

The Trump administration has asked a district court to wipe much of the ACA from the books, starting in 2019. The brief represents an enormous blow to the integrity of the Justice Department -- and a threat to the rule of law.

Nick Bagley

University of Michigan Law School

It’s Time To Pay Attention To Whom Trump Is Putting in Charge of Federal Agencies—And How He’s Doing It

3/17/17  //  Commentary

President Trump isn't nominating people to many positions requiring Senate confirmation. Instead, he's relying on employees who haven't been vetted through the advice & consent process. That's not okay.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: How Bad Is It?

9/6/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie ask the question that so many of us ask frequently: how bad is the Trump Administration? Is it better or worse than we should have expected back on election night in 2016? Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: DACA's Back!

1/18/18  //  Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

"School Choice" May Leave Students with Disabilities No Choice

4/17/17  //  Commentary

Privatization and decentralization of public education will return the U.S. to the days when students with disabilities were out-of-sight and out-of-mind, without meaningful education. Public schools could become the new institutions.

Eve Hill

Brown Goldstein & Levy

Heath Reform that Could Actually Pass? Shoring up the ACA After Repeal of the Individual Mandate

12/6/18  //  In-Depth Analysis

The new House majority can solve some real problems with the Affordable Care Act—namely, those caused by the repeal of the individual mandate, which will go into effect next month

Take Care

Health Care Reform Part III: Ignorance of the Law is No Excuse

5/3/17  //  Commentary

If a President does not understand what he is signing into law, how can he possibly “take Care that the Laws be faithfully executed”?

In Consumer Bureau Showdown, it’s Trump’s DOJ versus . . . Trump’s DOJ

4/12/17  //  Commentary

There's been a stunning development in the pending D.C. Circuit case about the CFPB's constitutionality: DOJ has recently filed a brief in another separation-of-powers case that directly and irrefutably contradicts the main argument in its brief attacking the CFPB.

Deepak Gupta

Gupta Wessler PLLC

Jonathan Taylor

Gupta Wessler PLLC

Jared Kushner's New SWAT Team More Like Neighborhood Watch

3/27/17  //  Quick Reactions

Trump's son-in-law will lead a new office to "overhaul the federal bureaucracy." But Kushner can't wield real power without crashing into federal anti-nepotism rules. So our new government efficiency czar can't make big decisions himself. Oh, the irony ...

Nikolas Bowie

Harvard Law School

Principles for Antitrust Legislation in the 116th Congress

1/5/19  //  In-Depth Analysis

By Marshall Steinbaum: It’s time for Congress to re-take control over antitrust and stop letting right-wing judges and cowed enforcers set the agenda

Take Care

The Doomed—And Dangerous—Demand for Refunds from Public Sector Unions

7/19/18  //  Commentary

Sending unions into bankruptcy because they mistakenly trusted the Supreme Court when it stood by Abood in 2012 (and declined to overrule it again in 2014) would be more than a blow to middle class workers; it would be a serious danger to the rule of law.

Aaron Tang

UC Davis School of Law

Versus Trump: The Healthcare Episode

6/1/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha and Jason dig into healthcare for the first time, as they take a deep dive into the House v. Price litigation that addresses whether certain payments to insurers under the Affordable Care Act have been properly appropriated. They also debate immigration rhetoric vs. action and discuss drug testing for unemployment benefits. Listen now!

Easha Anand

San Francisco

An Update on How to Easily Resolve the Gavin Grimm Case Concerning Title IX and Restroom Access

5/17/17  //  Commentary

With briefing almost completed in G.G. v. Gloucester County School Board, it’s good to remember the way in which the case can be resolved on straightforward statutory grounds without deciding whether Title IX prohibits discrimination against transgender persons, as such.

Marty Lederman

Georgetown Law

Michael C. Dorf

Cornell Law School

Samuel Bagenstos

University of Michigan Law School

Leah Litman

Michigan Law School

Schools Failing Students with Disabilities - Still

5/11/17  //  Commentary

Higher graduation rates nationwide have left students with disabilities even further behind.

Why SCOTUS Must Hear the Census Case on the Merits

4/1/19  //  In-Depth Analysis

The government's efforts to insulate Secretary Ross's decision from judicial review are wholly without merit. Here's why.

The Costs of the EPA's Foot-Dragging and Obstinacy

5/20/19  //  Commentary

The EPA, like many other agencies, is using every tool in the toolbox to avoid implementing the law. This trend is leading many courts to not give EPA and other agencies the benefit of the doubt in litigation.

Susannah Weaver

Donahue, Goldberg & Weaver, LLP

Here's How Trump Could Sabotage Obamacare

8/2/17  //  Commentary

Should the Trump Administration do whatever it can to make Obamacare work? Or should it sabotage the law in an effort to force Democrats to the bargaining table?

Nick Bagley

University of Michigan Law School

Going to Court for Civil Servants

4/28/17  //  Commentary

Protecting the civil service from purges, intimidation, or politicization is vital to a healthy democracy. That's why United to Protect Democracy has filed suit to combat a troubling pattern of bullying civil servants and trying to silence dissent.

Take Care

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

The Department of Education’s Troubling Opacity on Sexual Harassment

6/28/17  //  In-Depth Analysis

Alexandra Brodsky on how the Department of Education has retreated from civil rights enforcement and hid behind unlawful opacity.

Take Care

Is The GOP ACA Repealer Unconstitutional on Federalism Grounds?

3/24/17  //  Commentary

Abbe Gluck explains that, ironically, the GOP proposal to repeal the Affordable Care Act in the name of returning authority over health care to the states has potentially serious constitutional issues on federalism grounds.

Take Care

Versus Trump: Texas & Trump Versus The ACA

7/5/18  //  Commentary

This week, Jason, Charlie, and Easha are back with a regular episode to discuss a stunning recent development in Texas v. United States, a case by Texas seeking to invalidate the Affordable Care Act (Obamacare). Last month, the Trump Administration not only agreed with Texas that the individual mandate is unconstitutional, but it also told the district court that the requirement to cover everyone with a pre-existing condition on the same terms as healthy folks should be struck down as well. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Ten Minutes of History on: The Constitutionality of Funding HBCUs

5/12/17  //  Commentary

President Donald Trump is known for changing his political views after a ten-minute history lesson. In this continuing feature, I encourage the president to take a few minutes to learn about the historical background of things he says. This first edition, on his signing statement regarding HBCUs, concerns one of his favorite historical topics: A nineteenth-century general who saw the Civil War coming, was angry, and did something about it.

Nikolas Bowie

Harvard Law School

Health Care Reform Part I: “Nobody Knew That Health Care Could Be So Complicated”

5/1/17  //  Commentary

The GOP health care bill would result in millions of Americans with pre-existing conditions losing their insurance. Statements by Trump to the contrary just aren't true. Whether he doesn't understand his own plan or is misrepresenting it, Trump has an obligation to be honest about what he has proposed for the nation's health care system.

On Climate, Trump is a Mainstream Republican

6/2/17  //  Commentary

Debate over whether the world is better if we stay in or get out and the game-show-style interest that Trump (in typical Trumpian fashion) has generated regarding his BIG DECISION should not obscure two basic facts: (1) The Trump environmental policy is disastrous; and (2) when it comes to the environment and global warming especially, Trump is a mainstream Republican.

Michael C. Dorf

Cornell Law School

Versus Trump: Versus DeVos (Re-Air)

9/7/17  //  Commentary

On this week’s episode of Versus Trump, as summer ends and a new school begins, we re-air Jason's interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. We'll be back soon with new episodes.

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The Injustice of Trump's Climate Order

3/29/17  //  Commentary

As a result of Trump's tragic climate order, people will suffer, and some will die. Not only years from now, but also in the short term.

Eli Savit

University of Michigan Law School

Uncertainty (Still) Has Consequences – and Trump Knows It

4/13/17  //  Quick Reactions

Yesterday, in an interview with the Wall Street Journal, President Trump admitted that he's toying with the idea of blowing up the Affordable Care Act in order to extract concessions from Democrats.

Nick Bagley

University of Michigan Law School

Rachel Sachs

Washington University Law School

The Procedure Fetish

3/7/19  //  Commentary

If adding new administrative procedures will so obviously advance a libertarian agenda, might not relaxing existing administrative constraints advance progressive goals?

Nick Bagley

University of Michigan Law School

Why Process Matters: Health Care Reform Edition

6/9/17  //  Commentary

While attention is drawn to Comey’s very public hearing, something else is happening, largely in secret. The Senate is moving forward with a health care bill that will likely take coverage from tens of millions of Americans, and that will likely cut taxes for the wealthy on the backs of the poor.

Rachel Sachs

Washington University Law School

De-Privatizing Our Public Philosophy

1/11/18  //  In-Depth Analysis

Michaels understates the danger posed by a lack of social solidarity in America, a state of alienation Americans feel from one another that has been deliberately fed by right-wing politicians for at least the last four decades.

Peter M. Shane

Ohio State, Moritz College of Law

Versus Trump: The View From 10,000 Feet (Joshua Matz Speech)

4/19/18  //  Commentary

On a new episode of Versus Trump, we bring you a podcast version of the speech that Take Care publisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled "The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Listen now!

Versus Trump: The Great Marijuana Debate

5/3/18  //  Commentary

On a new episode of Versus Trump, Easha, Charlie, and Jason continue their investigation of the relationship between federal and state law by debating the Trump Administration's reversal of Obama-era guidance about marijuana enforcement. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Pipelines, Presidents, and Policing Plenary Power

3/30/17  //  Commentary

The Trump Administration's recent reversal on the Dakota Access Pipeline can (and must) be carefully examined in court.

Seth Davis

U.C. Irvine School of Law

Versus Trump: The Shutdown Special

1/10/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha bring you a shutdown special, where they talk about the President's emergency powers as well as a lawsuit contending the government is violating federal labor law by not paying workers on time. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Versus Trump: Trump Versus Trump's Banks

5/9/19  //  Uncategorized

This week on Versus Trump, Jason, Charlie, and Easha discuss a new lawsuit by the President seeking to prevent two banks from responding to Congressional subpoenas that seek information about the his business dealings. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Bring back the Medicare experiments!

5/3/18  //  Commentary

Last year, the Department of Health and Human Services under Tom Price dismantled some demonstration projects that would have told us a lot about how to hold down Medicare spending. Alex Azar, the new Secretary of HHS, should bring them back.

Nick Bagley

University of Michigan Law School

Versus Trump: Ask Charlie About The Census

1/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason asks Charlie to take us through the mammothly long, massively important opinion from the Southern District of New York invalidating the proposed citizenship question on the 2020 Census. Listen now!

Charlie Gerstein

Civil Rights Corps

The Michigan Morsel

5/4/17  //  Commentary

To corral some last-minute votes, the House leadership has endorsed the Upton amendment to the American Health Care Act. That’s a shame: the amendment works at cross-purposes with other parts of the AHCA, is arbitrarily structured, and is ambiguous on a key point. It’s another example of the perils of doing health policy on the fly.

Nick Bagley

University of Michigan Law School

Health Reform Priorities in the Next Two Years: Ensuring the Stability and Continued Growth of Community Health Centers

12/5/18  //  In-Depth Analysis

By Sara Rosenbaum: It is essential for Congress to provide substantial, durable funding to community health centers

Take Care

Trump’s Latest Affront To Women, and to the Constitution

6/2/17  //  In-Depth Analysis

A draft of the Trump Administration's revised contraception mandate has been leaked. If implemented, this policy would weaken civil rights for women. Moreover, the plan could violate the Establishment Clause by providing a religious accommodation for some private citizens only by shifting costs to others who may not share their beliefs.

Nelson Tebbe

Brooklyn Law School

Micah Schwartzman

University of Virginia School of Law

Richard C. Schragger

UVA School of Law

The Trump Administration Targets the Contraception Mandate

11/9/18  //  Uncategorized

The Department of Health and Human Services has issued broad new exemptions for religious and moral objections. What effect will the exemptions have? And will they stand up in court?

Nick Bagley

University of Michigan Law School

What Does Justice Kennedy’s Retirement Mean for Environmental Protection?

6/27/18  //  Commentary

Short Answer: It’s Not Good

Ann Carlson

UCLA School of Law

Taking a Dive on Risk Adjustment

7/9/18  //  Commentary

The Trump administration says that an adverse court ruling gives it no choice but to suspend some crucial payments under the Affordable Care Act. I don't buy it, and you shouldn't either.

Nick Bagley

University of Michigan Law School

The NLRB’s Recusal SNAFUsal

4/5/18  //  Commentary

How Trump's appointees to the NLRB are rushing to judgment and undermining fair process.

Charlotte Garden

Seattle University School of Law

An Area of Bipartisan Agreement: Combating the Problem of High Drug Prices

12/12/18  //  In-Depth Analysis

Drug pricing is likely to be a priority in the next Congress. Here's how legislators might address the issue.

Rachel Sachs

Washington University Law School

President Trump's Assault on the Antiquities Act

12/5/17  //  Commentary

On Monday, President Trump announced that his administration was taking dramatic action to reduce the size of two national monuments in Utah. The President’s announcement is out of step with historical use of the Antiquities Act.

Why the New Push to Kill Obamacare Is So Alarming

3/27/19  //  Commentary

The Justice Department has a durable commitment to defending acts of Congress whenever a non-frivolous argument can be made in their defense. The Trump administration is putting that commitment to the torch.

Nick Bagley

University of Michigan Law School

The Census, the Rule of Law, and Democracy

1/16/19  //  Latest Developments

Even when administrative agencies enjoy broad delegated powers, they cannot run roughshod over legal mandates or twist the facts to reach the result they want.

Concluding Thoughts on Constitutional Coup

1/18/18  //  In-Depth Analysis

Final thoughts on the future of the administrative state under President Donald Trump

Jon D. Michaels

UCLA School of Law

[UPDATED] Don't Believe the Hype: Understanding the Johnson Amendment Kerfuffle

5/4/17  //  Uncategorized

An executive order to be issued today likely will direct the IRS to exercise “maximum enforcement discretion to alleviate the burden of the Johnson Amendment, which prohibits religious leaders from speaking about politics and candidates from the pulpit.” Here's what that means and why it matters.

Marty Lederman

Georgetown Law

The Trump Administration and Contraception Coverage

10/6/17  //  Commentary

The Department of Health and Human Services has released two new rules limiting access to contraception coverage. They're both legally flawed.

Nick Bagley

University of Michigan Law School

Versus Trump: 2-For-39

5/2/19  //  Commentary

This week on Versus Trump, Jason discusses some fascinating research about how the Trump Administration has fared in the courts with Bethany Davis Noll, the Litigation Director at the Institute for Policy Integrity. They discuss challenges to Trump's regulatory agenda, why the Administration is losing at a historic rate, what is slipping through the cracks, and what come next. Listen now!

Compulsion and Complicity

7/12/18  //  In-Depth Analysis

By Catherine Fisk: The conservative majority's deregulatory use of the First Amendment will weaken it as a safeguard against tyranny

Take Care

Protecting Against Arbitrary Government

9/27/17  //  In-Depth Analysis

Executive bullying creates a potential taint of illegitimacy, of arbitrariness, that could color the political and moral legitimacy of future governmental actions

K. Sabeel Rahman

Demos & Brooklyn Law School

Moral Convictions And The Contraception Exemptions

6/5/17  //  Commentary

Yet another major flaw in the draft contraception rule, which would not only allow employers to drop contraception coverage for *religious* reasons, but would also (without any lawful basis) allow employers who have *moral* objections to do the same.

Nick Bagley

University of Michigan Law School

Versus Trump: What Happened To Obamacare?

12/20/18  //  Commentary

On this week's episode of Versus Trump, Charlie and Jason discuss Friday's unexpected ruling that the current version of the Affordable Care Act—that is, Obamacare—is unconstitutional and must be entirely struck down. Listen now!

Charlie Gerstein

Civil Rights Corps

The ACA and Marbury’s Severability Principle

6/12/18  //  Commentary

Jamie Durling & Garrett West explain that DOJ's brief declining to defend the Affordable Care Act makes yet another profound error.

Take Care

A Legal Challenge to Trump's "Religious Liberty" Executive Order

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.

Richard C. Schragger

UVA School of Law

Trump Can’t Revoke DACA Without Going Through Notice and Comment

9/5/17  //  In-Depth Analysis

Dreamers should invoke administrative law to block Trump's DACA decision

Daniel Hemel

University of Chicago Law School

Inside the Doomed Union Refund Lawsuits, Part II

7/24/18  //  Uncategorized

Shortly after I posted my initial take on the headline-grabbing set of class action lawsuits seeking millions of dollars in refunds from public sector unions after Janus, two interesting things happened.

Aaron Tang

UC Davis School of Law

The CFPB Is (Allegedly) A New Kind of Agency. Who Cares? (Part II)

5/23/17  //  In-Depth Analysis

More reasons why the D.C. Circuit should not rely on the CFPB’s purported novelty to suggest the CFPB is unconstitutional

Leah Litman

Michigan Law School

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 Gluck

Yale Law School

Judges Shouldn’t Have the Power to Halt Laws Nationwide

10/31/18  //  Uncategorized

A hand-picked district court judge in Texas might soon enter an injunction prohibiting the enforcement of all or part of the Affordable Care Act across the entire country. Something is very wrong with that picture.

Nick Bagley

University of Michigan Law School

A Puzzle about Standing (and the Affordable Care Act)

6/6/18  //  Commentary

A group of states has filed a new constitutional challenge in an effort to bring down health reform. But do they have standing to sue?

Nick Bagley

University of Michigan Law School

Versus Trump: The Contraception Mandate Challenges

10/12/17  //  Commentary

On this week’s episode of Versus Trump, Easha and Jason discuss the Administration's drastic expansion of the number of companies that may now offer health insurance that does not cover birth control, as well as several lawsuits that were immediately filed challenging these new regulations. Listen now!

Easha Anand

San Francisco

Can you smell the freedom?

6/28/17  //  Commentary

In an op-ed in the L.A. Times, I explain why the Senate health care bill would hurt, not help, freedom.

Nick Bagley

University of Michigan Law School

A Big Loss for Insurers at the Federal Circuit

6/14/18  //  Commentary

The opinion is a $12 billion setback for insurers seeking money they're owed under the Affordable Care Act. But the costs of being cavalier about our debts extend far beyond this arcane fight.

Nick Bagley

University of Michigan Law School

Disparate Impact and the Administrative Procedure Act

5/10/18  //  Commentary

The Supreme Court has held that there's no private right of action to enforce Title VI. But the civil rights laws can still form the basis of a challenge to a waiver allowing states to impose work requirements.

Nick Bagley

University of Michigan Law School

Eli Savit

University of Michigan Law School

Can President Trump Rewrite the Past?

5/3/17  //  Quick Reactions

In an executive order last week, President Trump purported to rewrite the text of two of President Obama’s decisions that withdrew millions of acres of the Arctic and Atlantic Oceans from future oil and gas speculation. Today, a group of environmental organizations has argued in court that Trump can’t just pretend the past never happened.

Nikolas Bowie

Harvard Law School

What to Make of Chief Justice Roberts’ Stay of the Juliana Case

10/25/18  //  Quick Reactions

What happens next in a lawsuit arguing that the United States has failed to protect against the ravages of climate change?

Ann Carlson

UCLA School of Law

What’s Next for the Presidential Transition?

2/26/19  //  Commentary

Congress must take steps to ensure that any 2020 transition is an improvement over Trump's transition in 2016

Zachary Piaker

Columbia 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

Civil Rights Corps

Easha Anand

San Francisco

Net Neutrality News Flash

12/15/17  //  Latest Developments

As predicted, the FCC voted today to reverse its 2015 net neutrality rules

Tejas Narechania

UC Berkeley School of Law

The Contraceptive Mandate Takes Another Hit

7/2/19  //  Commentary

The decision mounts an end run around other federal courts and prior precedent in the Fifth Circuit and risks disrupting insurance markets

Elizabeth Sepper

Washington University

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

Versus Trump: The Fiduciary Rule Comes And Goes

5/24/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss the Fifth Circuit's recent decision striking down the so-called "Fiduciary Rule" that would have required those who sell retirement investment products in 401(k) plans to act in the best interests of their clients. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

What Is Dead May Never Die: An AHCA Update

5/3/17  //  Commentary

With the AHCA back on the table, it's time to remember that the GOP really doesn’t like the constitutional arguments it made against the ACA

Leah Litman

Michigan Law School

Strange Bedfellows in the Texas Lawsuit Over the Affordable Care Act

6/14/18  //  Commentary

A bipartisan group of law professors, including the two of us, has filed a brief challenging the claim that the Affordable Care Act should be invalidated.

Abbe Gluck

Yale Law School

Nick Bagley

University of Michigan Law School

Policing a Partisan Census

4/22/19  //  In-Depth Analysis

SCOTUS would do well to remember that elections — and the agencies that administer them — require special safeguards

Jennifer Nou

University of Chicago Law School

HIV is a Health Condition — Not a Crime

7/31/17  //  Commentary

Despite consensus that criminalizing HIV has little public health effect, is not supported by scientific knowledge of transmission risks, and may violate the Americans with Disabilities, states are still enforcing laws against people living with HIV.

Eve Hill

Brown Goldstein & Levy

Net Neutrality as a Response to the Potential Harms of Vertical Integration

11/30/17  //  Commentary

The case for net neutrality comes down a pithy adage: Trust [that carriers won’t violate net neutrality principles], but verify [compliance through enforceable rules]

Tejas Narechania

UC Berkeley School of Law

Congressional Standing Is Not an All-or-Nothing Proposition

6/19/17  //  Commentary

It is perfectly consistent to think the House lacks standing in House v. Price, but that members of Congress have standing to sue for Foreign Emoluments Clause violations.

Brianne J. Gorod

Constitutional Accountability Center

The Politics of Administrative Reform

1/10/18  //  In-Depth Analysis

Michaels is absolutely right in his diagnosis of the current state of administrative governance. And his book could well prove an important step towards fixing it. But if that fix comes, it is far more likely to be primarily via those politicians than by the judges they appoint.

Josh Chafetz

Cornell Law School

The Rise of the Know-Nothing Judge

7/15/19  //  Commentary

Know-Nothing judges may drape themselves in the robes of judicial modesty, but they are activists to the core. And they may decide the fate of health reform.

Nick Bagley

University of Michigan Law School

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 Gluck

Yale Law School

What Happens Next for the ACA?

3/28/17  //  Commentary

President Trump has said that “the best thing we can do politically speaking is let Obamacare explode,” and there’s a lot he can do to make that explosion a reality. Here is what you need to know about what might come next.

Rachel Sachs

Washington University Law School

Nick Bagley

University of Michigan Law School

Information Wars: The Final Frontier

7/25/17  //  Commentary

Elements of the Republican Party have proposed eliminating the Budget Analysis Division of the Congressional Budget Office.

Leah Litman

Michigan Law School

There Goes Title X: Title X is Contraception, Folks

6/22/19  //  Commentary

By Priscilla J. Smith: Conservatives are hiding behind the abortion debate to attack contraceptive access and getting away with it

Take Care

Facts Matter—Even if the Sessions Department of Justice Doesn’t Realize It

4/26/17  //  Commentary

Just 100 days into the Trump Administration—the Administration that gave rise to the concept of #AlternativeFacts—there is reason to worry that facts don’t matter to the Justice Department now led by Trump’s Attorney General, Jeff Sessions.

Brianne J. Gorod

Constitutional Accountability Center

The Texas lawsuit could end some of the ACA's protections for employer coverage.

6/14/18  //  Commentary

The Trump administration’s refusal to defend portions of the Affordable Care Act is shocking enough. Equally shocking is how little it seems to care what happens if it gets what it’s asking for.

Nick Bagley

University of Michigan Law School

Versus Trump: Contraception Mandate, Round Infinity

1/3/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha comment on several cases addressing whether the Trump Administration may legally expand the number of employers who do not need to provide insurance that includes coverage for contraception. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Labor Under Trump: More Disclosure for Unions; Less for Employers

6/14/17  //  In-Depth Analysis

Early signs suggest that the Trump Administration’s strategy is to weaken unions and deregulate employers.

Charlotte Garden

Seattle University School of Law

The EEOC's Rule on Wellness Programs Is Busted

8/23/17  //  Commentary

A federal judge has held that EEOC violated the APA in issuing a rule that would have allowed employers to penalize employees who opted out of wellness programs. But the judge has left the rule in place for now.

Nick Bagley

University of Michigan Law School

When Due Process Reliance Defenses May Bar Enforcement

3/24/17  //  Commentary

In limited but vital ways, those who relied on Obama-era immigration and marijuana non-enforcement policies should be protected against sudden shifts in federal policy under President Trump.

Zachary Price

U.C. Hastings College of the Law

Another Illegal Executive Order--This Time National Monuments Are Under Attack

4/28/17  //  Commentary

Trump issued an order directing Interior Secretary to review a generation's worth of national monument designations. That order is likely illegal.

Michael Burger

Sabin Center for Climate Change Law at Columbia Law School

Another Attempt To Defend the ACA Against Trump Administration Attacks

1/23/19  //  In-Depth Analysis

As part of Trump's relentless war on the Affordable Care Act, the Department of Labor passed a rule designed to gut key protections. Now it's been sued. Here's what you need to know.

Take Care

A puzzle about standing, resolved.

6/26/18  //  Commentary

Do the courts even have jurisdiction to hear the latest lawsuit seeking to undo the Affordable Care Act?

Nick Bagley

University of Michigan Law School

Faux Federalism

9/28/17  //  Commentary

Graham-Cassidy should be seen for what it is: an effort to prevent any level of government, state or federal, from making good on the promise of universal coverage.

Nick Bagley

University of Michigan Law School

Standing in for the Executive: The Latest in House v. Price

5/26/17  //  Commentary

States standing to defend a federal law against Congress and the President when “lives are at stake”? Just the latest, fascinating turn that federalism has taken in the Age of Trump, however brief that age may be.

Seth Davis

U.C. Irvine School of Law

Health as a Human Right, Medicare for All, and the Evolution of the American Health Care Debate

12/11/18  //  In-Depth Analysis

By Carmel Shachar, Alex Pearlman, and Glenn Cohen: The United States may be revisiting the debate around health as a human right

Take Care

What Happens if the U.S. Remains in the Paris Agreement?

5/18/17  //  Commentary

If the Trump Administration chooses to remain in the Paris Agreement, it will be fascinating to see how the administration participates in its implementation. Here's a guide to some of the key legal and political questions.

Ann Carlson

UCLA School of Law

Versus Trump: The ACA's Still Here...

2/7/19  //  Uncategorized

On this week's episode of Versus Trump, Jason and Charlie discuss last month's federal court decision holding that Maryland could not proceed in its lawsuit that sought a declaration that the Affordable Care Act is constitutional and must be enforced. Listen now!

Easha Anand

San Francisco

We Need a National Debate on a Federal Tax on Wealth

4/14/17  //  Commentary

America’s increasing economic inequality threatens our liberal democracy. We need urgently to find innovative tools to counter the erosion of our foundational, shared belief in opportunity and fairness, the American Dream.

Walter Dellinger

O'Melveny & Myers

Dawn Johnsen

Indiana University Maurer School of Law

Creeping Price Regulation

12/10/18  //  In-Depth Analysis

There's a consensus that the prices are too damn high for health care. The states can do something about it -- indeed, a few already are.

Nick Bagley

University of Michigan Law School

What Do We Really Gain if the U.S. Stays in the Paris Agreement?

5/17/17  //  Commentary

Trump already has eviscerated U.S. climate policy. Leaving the Paris Agreement would thus do little harm, while remaining would provide Trump with a fig leaf to obfuscate the damage he is doing. From an environmentalist point of view, the U.S. might be better off if Trump withdraws.

Ann Carlson

UCLA School of Law

Proving that Mick Mulvaney Compromised CFPB Enforcement

12/6/18  //  In-Depth Analysis

By Mark Totten: A quick dive into the data shows Mulvaney has curbed enforcement and, as a result, compromised the agency’s mission.

Take Care

On Key Issues, Judge Gorsuch Is Pro-Presidential Power

3/20/17  //  In-Depth Analysis

Although Judge Gorsuch is often described as "good" for the separation of powers, on key issues he is a formalist and would take a decisively pro-presidential view.

Leah Litman

Michigan Law School

Embracing Federalism

3/16/17  //  Commentary

It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies

Erwin Chemerinsky

U.C. Irvine School of Law

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

Secretary Price Can’t Fix The CBO Score By Regulating

3/16/17  //  Commentary

HHS Secretary Price says the CBO report on the American Health Care Act is not believable because he will reduce costs through regulatory changes. Don't be fooled.

Nick Bagley

University of Michigan Law School

Trump's ACA Sabotage and the President's Constitutional Take Care Duty

10/17/17  //  Quick Reactions

The President has not even tried to suggest that he is using his power in the law's interest. Rather, he has boasted that he is using his power to kill it

Abbe Gluck

Yale Law School

Why Trump's EPA Cannot Gut Climate Change Regulation

3/19/17  //  Commentary

Can EPA Administrator Scott Pruitt lawfully discard his agency's duty to regulate greenhouse gases? Probably not.

Eli Savit

University of Michigan Law School

Why Enjoining DACA’s Cancellation Is Wrong

1/12/18  //  Commentary

This decision, however attractive as a matter of policy, strikes me as mistaken under the law. It warrants swift reversal by higher courts.

Zachary Price

U.C. Hastings College of the Law

The Trump Administration’s Newest Target: Administrative Law Judges

7/30/18  //  In-Depth Analysis

The Trump Administration is changing the rules around hiring and firing of Administrative Law Judges, and is doing so in disturbing ways.

America Has a Major Market Power Problem & SCOTUS Just Made It Worse

7/5/18  //  In-Depth Analysis

Congress must clarify and revitalize antitrust law. The Supreme Court's opinion in Ohio v. American Express only strengthens that case.

Lina Khan

Open Markets Institute & Columbia Law School

Polarization, Deregulation, and Situational Legalism

1/16/18  //  Commentary

Highlights from a recent conference on deregulation in the Trump era

Zachary Price

U.C. Hastings College of the Law

Trump’s Meaningless Paris Announcement is a Win for His Opponents

6/5/17  //  Commentary

President Donald Trump’s announcement that he will withdraw the U.S. from the Paris Agreement may have dramatic consequences for his administration—but not in the ways he might imagine.

Ann Carlson

UCLA School of Law

The U.S. Needs Conglomerate Merger Legislation       

1/1/19  //  In-Depth Analysis

By Robert H. Lande: To preserve competitive markets, Congress should block mergers between our largest companies.

Take Care

Versus Trump: SABOTAGE!!

8/16/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie begin their run of shows with Easha on leave and discuss a fascinating new lawsuit contending that the Trump Administration is unconstitutionally "sabotaging" the Affordable Care Act as a whole. Listen now!

Charlie Gerstein

Civil Rights Corps

Reforming Antitrust Law

1/7/19  //  Latest Developments

Here's how Congress can address America's monopoly problem

Take Care

Versus Trump: Trump vs. The CFPB

8/24/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie talk about the Trump Administration's position in a lawsuit contending that the structure of the Consumer Financial Protection Bureau—commonly known as the CFPB—is unconstitutional, because its sole director does not serve at the pleasure of the President but instead serves a set term and can be terminated only for-cause. Listen now!

Charlie Gerstein

Civil Rights Corps

Note to President Trump: You Already Own It

7/20/17  //  In-Depth Analysis

President Trump owns any of the "Obamacare failure" he says will happen.

Michael C. Dorf

Cornell Law School

The “One In, Two Out” EO Is Now Largely A Publicity Stunt

3/17/17  //  Commentary

Trump proudly describes it as a regulation buster, but OIRA has effectively neutered his widely-derided executive order

Rachel Sachs

Washington University Law School

Versus Trump: Trump Versus ALJs?

8/2/18  //  Commentary

On this week's episode of Versus Trump, Jason and Easha discuss a new executive order and accompanying guidance by the Trump Administration that dramatically change the rules for hiring Administrative Law Judges (ALJs) across the entire federal government. Listen now!

Easha Anand

San Francisco

Free Speech Solidarity

10/6/17  //  In-Depth Analysis

Collective action has proven an effective response to the President’s attempted interference with the employment of Jemele Hill and NFL players.

Charlotte Garden

Seattle University School of Law

Versus Trump: Earthjustice v. Trump (Interview with Drew Caputo)

9/20/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie speak with Earthjustice Vice President Drew Caputo to get an update on environmental litigation against the Trump Administration. Listen now!

Charlie Gerstein

Civil Rights Corps

A Breathtaking Filing in the Census Case

7/5/19  //  Quick Reactions

That the Department of Justice could so transparently tell a court to hold on while it makes up a lie is shameful

Richard Primus

University of Michigan Law School

Graham-Cassidy Is Unconstitutional

9/22/17  //  Commentary

Graham-Cassidy has a constitutional flaw: the funding formula for the block grants to states that form the bill’s core is unconstitutional.

Michael C. Dorf

Cornell Law School

How Trump Withdraws from the Paris Agreement Matters As Much as Whether He Does

5/31/17  //  Commentary

With the news that Trump will withdraw from the Paris Agreement, it's important to talk about how he may do so.

Ann Carlson

UCLA School of Law

Encouraging Legislative Expertise-Forcing

8/24/17  //  In-Depth Analysis

A promising way for Congress to check the Executive, as well as to enhance its own efficacy and public standing, is by promoting expertise in the executive branch

Bijal Shah

Sandra Day O’Connor College of Law

Versus Trump: Versus DeVos (Interview with Toby Merrill)

8/3/17  //  Uncategorized

On this week’s episode of Versus Trump, Jason has an interview with Toby Merrill, the director of the Project on Predatory Student Lending at Harvard Law School, about several lawsuits she's involved with against newly-confirmed Secretary of Education Betsy DeVos. Listen now!

EPA Defies Its Own Best Analysis of the Clean Power Plan

10/10/17  //  In-Depth Analysis

Put simply, the Pruitt EPA is issuing its proposed repeal order despite its own best analysis showing that repealing the Clean Power Plan is a very, very bad idea.

Eli Savit

University of Michigan Law School

Versus Trump: The Citizenship Question

4/5/18  //  Commentary

On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!

Easha Anand

San Francisco

The Research on Malpractice and Nursing Homes

7/11/17  //  Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

Nick Bagley

University of Michigan Law School

The Right Thing on Risk Adjustment

7/25/18  //  Commentary

The Trump administration precipitated a crisis when it announced it would suspend risk adjustment payments under the Affordable Care Act. In welcome news, it's now taking steps to address the problem.

Nick Bagley

University of Michigan Law School

Ending a Critical Obamacare Subsidy

10/12/17  //  Commentary

The Trump administration will terminate the Affordable Care Act’s cost-sharing payments, further destabilizing the already-fragile exchanges on the eve of open enrollment. The legal fallout will be complex, messy, and expensive.

Nick Bagley

University of Michigan Law School

Two Texas Consultants Don’t Have Standing to Take Down Obamacare

12/18/18  //  Commentary

There is no good legal argument for thinking that two guys from Texas have standing to challenge a law that doesn’t require them to do anything.

Nick Bagley

University of Michigan Law School

Disability Advocates Challenge Medicaid Cuts

7/14/17  //  Commentary

Hundreds of people in wheelchairs, with walkers, and using ventilators protested in Senators’ offices and RNC offices across the country. Many traveled far from their homes, suffered blazing temperatures, and were denied access to bathrooms and elevators, to make their voices heard. And Senators and RNC staff refused to meet them, had them forcibly ejected, and called police to arrest them.

Eve Hill

Brown Goldstein & Levy

An Airtight Opinion on Fugitive Emissions

7/12/17  //  Commentary

A recent D.C. Circuit opinion vindicates the principle that while agencies may have discretion over how laws are enforced, they cannot use that enforcement discretion to cancel legal obligations altogether.

Zachary Price

U.C. Hastings College of the Law

The D.C. Circuit Just Made it Harder for Trump to Stop the Cost-Sharing Payments

8/3/17  //  Quick Reactions

Two days ago, the D.C. Circuit granted a motion from a group of fifteen states, led by California, to intervene in the pending appeal in House v. Price. Allowing the states to intervene will prevent the Trump administration from unilaterally dismissing its appeal in the case.

Nick Bagley

University of Michigan Law School

The severability question is not hard.

6/25/18  //  Commentary

When Congress repealed the Affordable Care Act's individual mandate penalty, it left the rest of the law intact. The courts should respect that choice and not get drawn in to the relentless campaign against Obamacare.

Nick Bagley

University of Michigan Law School

SCOTUS Goes Online

7/12/18  //  In-Depth Analysis

By John Paul Schnapper-Casteras: This might be the year that the Supreme Court begins to meaningfully grapple with the constitutional implications of emerging technologies.

Take Care

Versus Trump: Versus Plastic Guns

8/9/18  //  Commentary

On this week's episode of Versus Trump, Jason, Charlie, and Easha—in her last episode for several months—discuss the fast-moving lawsuit by states against the Trump Administration and Cody Wilson seeking to block distribution of plans for 3D-printed guns. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes.

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Why Does DHS Need a Corporate Headhunter?

12/18/17  //  Quick Reactions

The LA Times has reported on a $300M deal between the Department of Homeland Security and Accenture. This is a major development.

Jon D. Michaels

UCLA School of Law

Versus Trump: Watch Out, Watch List

9/12/19  //  Commentary

On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!

Charlie Gerstein

Civil Rights Corps

FCC Signals it Will Eliminate Title II Treatment of Internet Service Providers

5/2/17  //  Quick Reactions

FCC's action welcomed by industry but will trigger (another) massive legal fight.

Daniel Deacon

U.C. Irvine School of Law

Trump Administration Appointments

4/4/17  //  Commentary

Between the torpor of President Trump’s sub-cabinet nominations, and his frequent preference to nominate persons lacking prior government experience, the deconstruction, or perhaps reconstruction, of the administrative state may be well under way.

Peter L. Strauss

Columbia Law School

The Trump Administration’s Assault on Fair Housing

8/19/19  //  Commentary

Today, the Department of Housing and Urban Development (HUD) published a proposed rule that would substantially limit enforcement of the 1968 Fair Housing Act. This rule is deeply flawed.

Olatunde Johnson

Columbia Law School

Michelle Aronowitz

Private Practice

The United States Owes Tens of Billions to Insurers

2/18/19  //  Commentary

If recent decisions from the Court of Federal Claims stand up on appeal, insurers could recover roughly $12 billion a year, every year, until Congress intervenes to stop the bleeding.

Nick Bagley

University of Michigan Law School

Trump and Pence Invoke Conscience to Block Contraception, Contrary to Our Religious Liberty Tradition

6/4/17  //  In-Depth Analysis

Regulatory changes that the Trump-Pence Administration reportedly plans to implement extend well beyond our religious liberty traditions (and beyond accommodations authorized by the Supreme Court)

Douglas NeJaime

Yale Law School

Reva Siegel

Yale Law School

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

To Save Obamacare, Repeal the Mandate

12/21/18  //  Commentary

If congressional intent is the key to the Texas decision invalidating the Affordable Care Act, Congress can intervene. And the best way for it to do so is not to enter the litigation. It’s to legislate.

Nick Bagley

University of Michigan Law School

Richard Primus

University of 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

Against Cutting the President’s Purse Strings

1/7/18  //  In-Depth Analysis

No, Congress doesn't have a duty to provide the resources necessary for the executive branch to adequately fulfill its constitutional functions.

Zachary Price

U.C. Hastings College of the Law

The Republicans’ Uncertainty Strategy

6/29/17  //  Commentary

Thoughts on the consequences of the Republicans’ strategy to sabotage the Affordable Care Act.

Nick Bagley

University of Michigan Law School

The Myth of State Flexibility in ACA Repeal

9/21/17  //  Commentary

The supposed flexibility underlying Graham-Cassidy is a lie.

Rachel Sachs

Washington University Law School

Reliance Defenses in the Trump Era and Beyond

3/23/17  //  Commentary

The transition to President Trump has massively shifted federal enforcement priorities. Does the Constitution protect people who relied on Obama's immigration, healthcare, or marijuana policies?

Zachary Price

U.C. Hastings College of the Law

Versus Trump: Trump Versus Facebook

8/23/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part in enabling discriminatory advertising. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: Kids vs. Climate Change

1/31/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason, Easha, and Charlie discuss recent developments in a long-running case where young people claim that the federal government's inaction on climate change violates their right to live in a habitable world in the future. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

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!

Easha Anand

San Francisco

Net Neutrality

11/28/17  //  In-Depth Analysis

Where did the existing rules come from? What do these rules accomplish? And what effect might their repeal have?

Tejas Narechania

UC Berkeley School of Law

The Imminent Demise of Chevron Deference?

6/21/18  //  Quick Reactions

Justice Kennedy wrote a concurrence today that could rock the world of administrative law, with huge implications for federal policy.

Versus Trump: Expand Your Conscienceness

5/30/19  //  Uncategorized

This week on Versus Trump, Jason, Easha, and Charlie discuss new lawsuits over the Trump Administration's expansion of rules of conscience for healthcare providers. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The Deregulatory First Amendment Strikes Back

7/3/18  //  Commentary

The first in a series of posts on the uses and abuses of the First Amendment as a deregulatory tool

Charlotte Garden

Seattle University School of Law

Not So Fast, Mr. President

11/24/17  //  In-Depth Analysis

Under Dodd-Frank, now that Richard Cordray has resigned as Director, the CFPB’s Deputy Director is the Bureau’s acting Director. President Trump may decide he doesn’t care what Dodd-Frank says, but he doesn’t get the final say.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: An Immigration Omnibus

5/31/18  //  Uncategorized

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss recent important cases in the world of immigration, including a new lawsuit contending that the Trump Administration may not pursue its apparent policy of legally separating immigrant children from adults that they enter the country with. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

The Constitutional Challenge To The CFPB

5/19/17  //  Commentary

The major constitutional challenge to the Consumer Financial Protection Bureau rests on the claim that the President of the United States does not have enough power over the agency.

Leah Litman

Michigan Law School

A Texas court has declared the entire ACA unconstitutional

12/15/18  //  Commentary

The case sets the stage for yet another round of high-stakes constitutional litigation over the future of health care in the United States.

Nick Bagley

University of Michigan Law School

Trump’s EPA is Preparing to Violate the Law

9/10/18  //  Commentary

Undoing existing rules governing mercury pollution would be both pointless and dangerous. It would also be illegal.

Eli Savit

University of Michigan Law School

Versus Trump: Trump Loses On Family Planning, Wins In The Ninth, and More

5/16/19  //  Uncategorized

This week on Versus Trump, Jason and Easha go through a few updates to cases involving Title X, which provides money for family planning; the Administration's policy to have many asylum applicants removed to Mexico; and the controversial border wall. Trump lost one, won one—for now, and hasn't yet gotten a decision in the third. Listen now!

Easha Anand

San Francisco

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

An Update in House v. Price: When Inaction Masks Turmoil

5/24/17  //  Quick Reactions

Insurance companies are filing their applications for 2018 plans and rates now, with the last deadline in some states coming on June 21, and with many having passed already. If you’re an insurer and you don't know what the rules of the game will be, how can you play it?

Rachel Sachs

Washington University Law School

The CFPB Is (Allegedly) A New Kind of Agency. Who Cares? (Part I)

5/22/17  //  In-Depth Analysis

This two-part series explains why the CFPB’s purportedly novel structure is not a sign that the CFPB’s structure is unconstitutional.

Leah Litman

Michigan Law School

Enjoining the Contraception Rules

12/18/17  //  Commentary

A district court has stopped the Trump administration's hasty and poorly justified effort to relieve employers of their legal obligation to cover contraception.

Nick Bagley

University of Michigan Law School

Net Neutrality, Institutional Choice, and Modes of Enforcement

12/12/17  //  Commentary

What exactly does it mean for the Federal Trade Commission to take on net neutrality?

Tejas Narechania

UC Berkeley School of Law

Bureaucratic Exit and Loyalty under Trump

1/9/18  //  In-Depth Analysis

Fostering a greater sense of bureaucratic loyalty will help to ensure that when the going gets tough, the tough don’t get going.

Jennifer Nou

University of Chicago Law School

Alternative Facts & History, and Alarming Implications, in DOJ's CFPB Brief.

4/17/17  //  In-Depth Analysis

DOJ's brief attacking the CFPB is riddled with alternative facts and offers a fictional history of the separation of powers. It may inflict lasting damage on DOJ's credibility. And the implications of DOJ's position for the SEC, Federal Reserve, and U.S. Postal Service, among other federal agencies, are alarming.

Neil J. Kinkopf

George State University College of Law

Taking Texas Seriously: The Accidental Constitutional Case Against The TCJA

7/11/18  //  Commentary

By Mitch Johnston: If the mandate repeal is unconstitutional, then, based on the severability arguments advanced by the states, shouldn’t the entire Tax Cuts and Jobs Act (TCJA) be struck down with it?

Take Care

The President’s Latest Tweet on Health Care and Why it Matters

2/6/18  //  Commentary

The President's latest healthcare tweet is an example of how his own policy preferences are inconsistent, in a way that will prevent him from accomplishing his own stated goals.

Rachel Sachs

Washington University Law School

The Tax Bill Destroys an Important Part of Obamacare. The States Can Save It.

12/14/17  //  Commentary

Adopting mandates at the state level would help stabilize insurance markets, keeping premiums in check and forestalling coverage losses. And it's perfectly legal.

Nick Bagley

University of Michigan Law School

Let’s Not Make A Constitutional Case Out Of This

1/11/18  //  In-Depth Analysis

Is an administrative separation of powers mandated by the Constitution, as Michaels suggests that it is?

Just How Many Billions of Dollars Are at Stake in the Litigation over Cost-Sharing Payments?

4/20/18  //  Commentary

The Court of Federal Claims has certified a class action brought by insurers to recover the cost-sharing payments that President Trump unceremoniously terminated. Its rationale suggests that the United States could be held liable for tens of billions of dollars.

Nick Bagley

University of Michigan Law School

Scott Pruitt is Gone. What’s Next Could Be Worse.

7/5/18  //  Quick Reactions

Pruitt’s departure is warranted and long-overdue. But given what likely lies ahead, it is hardly cause to breathe easy.

Eli Savit

University of Michigan Law School

Confusion Over The Essential Health Benefits

3/24/17  //  Quick Reactions

Last night, House Republicans released the text of the final manager’s amendment to the American Health Care Act. If it becomes law, the individual insurance market will likely collapse nationwide in 2018.

Nick Bagley

University of Michigan Law School

Trump's Mistaken Signing Statement on Marijuana Enforcement

5/16/17  //  Commentary

Trump suggested in a recent signing statement that he could disregard an appropriations restriction on federal marijuana enforcement. But Trump is mistaken.

Zachary Price

U.C. Hastings College of the Law

The case that could end the Texas lawsuit.

6/15/18  //  Commentary

A brief from the American Medical Association flags a Fifth Circuit case that seems to dispose of the constitutional argument in the latest challenge to the Affordable Care Act.

Nick Bagley

University of Michigan Law School

Why Jeff Sessions’s Reversal on Private Prisons Is Dangerous

3/23/17  //  Commentary

The Attorney General’s embrace of private prisons is a victory for the industry, but it threatens the safety of correctional officers and prisoners.

Chiraag Bains

Harvard Law School

Another Legally Questionable Acting Official Who’s Not Wasting Any Time Before Making Big Decisions

1/15/19  //  In-Depth Analysis

Joe Otting, the new Acting Director of the Federal Housing Finance Agency, has a questionable entitlement to powers that he's already misusing.

Brianne J. Gorod

Constitutional Accountability Center

On Mercury Emissions, Trump's EPA Didn’t Violate The Law; It Did Something Weirder

1/8/19  //  In-Depth Analysis

The EPA just issued an incredibly bizarre proposed rule about whether it is 'appropriate and necessary' to regulate power-plant emissions of mercury. What gives?

Eli Savit

University of Michigan Law School

President Trump’s 'Pro-Life' Week

10/9/17  //  Commentary

There are many ways to protect life, yet we often speak as if restricting abortion is the only way to do so

Rachel Tuchman

Kaplan & Company

Network Neutrality: What’s Next at the FCC?

3/21/17  //  Commentary

Among Obama-era FCC initiatives, none grabbed the public’s attention like the fight over net neutrality. Now that Republicans control the FCC, here's what might happen.

Daniel Deacon

U.C. Irvine School of Law

Versus Trump: So, What's New?

5/10/18  //  Commentary

On this week's episode of Versus Trump, Easha and Jason reveal their big announcement: we're doing our first ever live show: Saturday, June 9, in DC, as part of the ACS National Convention. After that excitement, they get into a handful of updates about cases about auto emissions, HUD programs, the ban on military service by transgender individuals, and more. Listen now!

Easha Anand

San Francisco

When the Supreme Court Takes Sides

6/28/18  //  Commentary

The Constitution protects all speakers equally. Until it doesn’t – as the Supreme Court just made clear in Janus v. AFSCME.

Amanda Shanor

The Wharton 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

Versus Trump: N.Y. Versus Wilbur Ross

10/11/18  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason and Charlie talk about the fight over Commerce Secretary Wilbur Ross's potential testimony in an important lawsuit over the census. Listen now!

Charlie Gerstein

Civil Rights Corps

The Acosta Hearing & the “Deconstruction” of Federal Agencies

3/24/17  //  Quick Reactions

Hearings on President Trump's nominee for Secretary of Labor revealed little about the future of labor policy. But the hearings made crystal clear that Trump's executive orders and proposed budget threaten even popular and effective government programs.

Charlotte Garden

Seattle University School of Law

The Administration’s Recent Guidance on State Innovation Waivers under the Affordable Care Act Likely Violates the Act’s Statutory Guardrails

12/7/18  //  In-Depth Analysis

If the agencies proceed to approve a state’s application for a waiver in reliance on their recent guidance and discussion paper, the approval would almost certainly be set aside by a reviewing court.

Joel McElvain

Yale Law School

Versus Trump: Secret Subpoenas, A New AG, and Live Listener Feedback

1/17/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha hit three topics: the mysterious case of the subpoena to a foreign corporation that may be related to the Mueller investigation; the nomination of William Barr as Attorney General; and the temporal nature of an emergency, as prompted by live listener feedback. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The United States Owes Tens of Billions, Says the Court of Federal Claims (Part 2).

2/19/19  //  Commentary

Should insurers gets every penny of cost-sharing payments that they're owed under the Affordable Care Act? Or have they mitigated their damages?

Nick Bagley

University of Michigan Law School

Health Care Reform Part II: Real Trumpcare Versus Unicorn Trumpcare

5/2/17  //  Commentary

There are important differences between the *real* GOP healthcare bill and the *imaginary* healthcare bill that President Trump has described in interviews. Those differences may affect insurance coverage for millions of Americans and the price of insurance for many more.

Arbitration Can Obscure Safety Problems in Nursing Homes

7/24/17  //  Commentary

The Trump administration wants to allow nursing homes to require their residents to arbitrate any disputes. Will that reduce nursing home quality?

Nick Bagley

University of Michigan Law School

Versus Trump: "What About Congress? + Steven Wu"

6/8/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss Congress's role and powers in investigations of the Executive. Then, Jason talks with Steven Wu, a Deputy Solicitor General in the Office of New York Attorney General Eric Schneiderman, about the case against Trump University, the active role of states in recent years, and other issues in which New York is adverse to the President. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Uphold the Oath

9/7/17  //  Quick Reactions

Federal employees are publicly reaffirming their loyalty, patriotism, and commitment to the Constitution.

Jon D. Michaels

UCLA School of Law

That Time When Republicans Re-Regulated Retirement Savings

4/11/17  //  In-Depth Analysis

Congressional Republicans care about one thing far more than their professed values and far more than the American people they claim to represent: protecting the financial services industry. This was recently made clear when they undid two key DOL rules.

Danielle D'Onfro

Washington University Law School

The Trump Administration Now Thinks the Entire ACA Must Fall

3/25/19  //  Quick Reactions

Does the administration really think that the very position it advanced just month ago is so untenable that it must now adopt an even crazier view?

Nick Bagley

University of Michigan Law School

The Attack on American Cities

4/7/17  //  Commentary

Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.

Richard C. Schragger

UVA School of Law

Welcome Back to the Fight

12/24/18  //  In-Depth Analysis

Waller Spencer: In reforming antitrust law, Congress must focus on the big picture, not the minutiae. Here's how it can do so.

Take Care

Antitrust/Pro-Worker

12/31/18  //  In-Depth Analysis

Organized labor plays a vital role in balancing corporate power—but antitrust law has historically inhibited workers’ collective action. That must change.

Charlotte Garden

Seattle University School of Law

ADA Education and Reform Act

4/18/17  //  Quick Reactions

The ADA Education and Reform Act would undermine ADA compliance and make people with disabilities the involuntary unpaid consultants of the businesses that discriminate against them

Why The Keystone XL Pipeline Permit Can Be Challenged in Court

4/3/17  //  Commentary

The State Department's decision authorizing the Keystone XL pipeline raises a profound question about when courts can review agency action based in presidential power. The answer to that question has major implications for the rule of law.

Eli Savit

University of Michigan Law School

Antitrust After the Fall

11/21/17  //  In-Depth Analysis

Trump has needlessly created many reasons to look skeptically on DOJ's justified, important lawsuit to prevent AT&T and Times Warner from merging.

Eric Citron

Goldstein & Russell

How to Destabilize Insurance Markets Without Really Trying

7/18/17  //  In-Depth Analysis

The health care sharing ministry amendment is just one example of a seemingly innocuous provision that could have significant effects overall. Senators should pay attention.

Rachel Sachs

Washington University Law School

If Trump Guts Key Programs, Does Staying in the Paris Agreement Even Matter?

3/27/17  //  Commentary

Loudly withdrawing from the Paris Agreement would deal the process a symbolic blow. But it’s hard to see the Trump Administration’s attack on the Clean Power Plan and increased fuel economy standards as anything other than a withdrawal in all but name

Ann Carlson

UCLA School of Law

How Do You Solve A Problem Like Scott Pruitt?

4/13/18  //  In-Depth Analysis

Can Scott Pruitt be stopped in court?

Eli Savit

University of Michigan Law School

Pretext and Remedy in the Census Case and Beyond

7/2/19  //  Commentary

There really is nothing the administration can now do that ought to lead to approval of the citizenship question

Michael C. Dorf

Cornell Law School

The Fiduciary Rule: Triaging Quality for “Access” and Small Business at All Costs

3/28/17  //  In-Depth Analysis

Ultimately, this Administration’s re-examination of the Obama-era Department of Labor fiduciary rule looks like little more than a gift to the retirement services industry at the expense of workers and retirees.

Danielle D'Onfro

Washington University 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

From Big Waiver to Waiver Unlimited

6/26/17  //  Quick Reactions

Perhaps the biggest concern with BCRA is that state waivers could degrade the financial protections available for employer-sponsored coverage

Nick Bagley

University of Michigan Law School

Versus Trump: So, Can California Really Do That?

10/5/17  //  Commentary

On this week’s episode of Versus Trump, Charlie and Jason discuss a recently-passed bill awaiting the signature of California Governor Jerry Brown that, if signed into law, would require presidential candidates to disclose five years of federal of tax returns in order to appear on the ballot in California. Jason and Charlie ask each other whether California has the constitutional power to do that, and, if so, whether it's a good idea. Listen now!

Charlie Gerstein

Civil Rights Corps

Calculating Costs and Defining Our Future

4/25/17  //  Commentary

The March for Science reminded us that cutting funding to science today harms generations to come. Yet there is also another, subtler way the Trump Administration threatens to impose future costs on young people: the way in which it calculates costs themselves in cost-benefit analyses essential to our administrative state.

Eli Savit

University of Michigan Law School

Let’s Not Burn The Paris Agreement To Save It

5/17/17  //  Commentary

Today on Take Care, Professor Ann Carlson offers a provocative idea. She suggests that we should be rooting—alongside EPA administrator Scott Pruitt—for the Trump Administration to withdraw the United States from the Paris climate accords. Here’s a less provocative take: No, we shouldn’t.

Eli Savit

University of Michigan Law School

Versus Trump: Trump Versus Net Neutrality

10/4/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about the Trump Administration's lawsuit against California that would block California's new net neutrality law from going into effect. Listen now!

Charlie Gerstein

Civil Rights Corps

Healthcare Reform Part V: Don’t Forget About HHS

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.

Rachel Sachs

Washington University Law School

How to Fix America's Monopoly Problem

12/18/18  //  In-Depth Analysis

Four key steps to creating an antitrust regime that redresses the current market power crisis and prevents its recurrence

Lina Khan

Open Markets Institute & Columbia Law School

Versus Trump: Stop The Drills!

4/4/19  //  Commentary

This week on Versus Trump, Jason and Easha discuss a recent decision reversing President Trump's attempt to de-protect Arctic Ocean waters and permit drilling in the Great White North. Listen now!

Easha Anand

San Francisco

Making Bureaucracy Great Again: Trump’s New Office of Innovation

3/27/17  //  Quick Reactions

Jared Kushner says he will run government like a business. But this administration has no understanding of government, or of business. And it doesn't respect the distinctive, unbusinesslike practices and principles of running a government.

Jon D. Michaels

UCLA School of Law

Versus Trump: Preventing The Prevention Of The Teen Pregnancy Prevention Program

5/17/18  //  Commentary

On this week's episode of Versus Trump, Easha, Charlie, and Jason discuss a series of recent rulings that have stopped the Trump Administration from revoking federal grants to entities that have been working to reduce teen pregnancy. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Blocking the Trump administration’s contraception rules (again).

1/14/19  //  Commentary

A federal judge in California has enjoined two rules that would greatly expand the exemptions to Obamacare’s so-called contraception mandate. As a result, they may never take effect in the thirteen states that brought the lawsuit.

Nick Bagley

University of Michigan Law School

Nursing Homes, Mandatory Arbitration, and Administrative Law

7/5/17  //  Commentary

The Trump Administration has quietly retreated from (and sought to undo) an effort by the Centers for Medicare and Medicaid Services to push back on mandatory arbitration.

Nick Bagley

University of Michigan Law School

SCOTUS Warns Against Appointing "Unfit Characters"

3/24/17  //  Quick Reactions

A decision this week reminds us that President Trump is bound by laws, which he is violating, in making key appointments. The Acting U.S. Trade Representative, for instance, might well be occupying that role unlawfully.

Nikolas Bowie

Harvard Law School

Versus Trump: Trump The Trustbuster (Interview with Lina Khan)

11/30/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Listen now!

Charlie Gerstein

Civil Rights Corps

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

The Hypocrisy of the 'Skinny' Repeal

7/27/17  //  Commentary

The Republicans Themselves Said It Would be Disastrous

Abbe Gluck

Yale Law School

Can Public Health Help Abortion Rights?

5/22/19  //  In-Depth Analysis

Reproductive justice advocates have increasingly relied on public health research in legislative and judicial disputes

Rachel Rebouché

Temple University School of Law.

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

Civil Rights Corps

Sherley You’re Joking

3/27/17  //  Commentary

A confused and poorly reasoned decision by the U.S. Court of Appeals for the D.C. Circuit shouldn’t be read to shield agencies from judicial review whenever they happen to be following an executive order.

Nick Bagley

University of Michigan Law School

Silver bullets, blue pencils, and the future of the ACA

7/10/19  //  Quick Reactions

Yesterday, the Fifth Circuit heard oral argument in the case challenging the constitutionality of the Affordable Care Act. It didn't go well.

Nick Bagley

University of Michigan Law School

The New Contraception Rule Is Procedurally Flawed

6/1/17  //  Commentary

The Trump Department of Health and Human Services has proposed a massive expansion of the program that provides employers and exemption from providing their employees with contraceptive coverage. But they have not sought notice-and-comment on the rule, and that could be a major problem.

Nick Bagley

University of Michigan Law School

Can Trump Treat the Consumer Bureau’s Director Like a Contestant on Celebrity Apprentice?

4/13/17  //  Commentary

The future of the CFPB remains murky. With political attacks and judicial challenges piling up, here's what you need to know about the path ahead for Elizabeth Warren's crowning achievement.

Deepak Gupta

Gupta Wessler PLLC

Jonathan Taylor

Gupta Wessler PLLC

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

Civil Rights Corps

Versus Trump Podcast: G.G. Case + Patti Goldman

5/25/17  //  Commentary

On a new episode of Versus Trump, Take Care's podcast, we discuss the status of G.G. v. Gloucester County School Board, a major case about transgender rights, and then speak with Patti Goldman of Earthjustice about an important lawsuit that her organization has filed.

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Congress’s Vital Power of the Purse

4/5/17  //  Commentary

The upcoming budget fights will be ugly and brutal, but they implicate the most important practical means of constraining this president (or any other)—Congress’s power over appropriations. But the nature and limits of that power remain shockingly undefined.

Zachary Price

U.C. Hastings College of the Law

Information Wars Part III: Climate Changing the Facts

4/18/17  //  Commentary

The Trump administration is engaging in climate denial by concealing information relevant to environmental policy.

Helen Klein Murillo

Harvard Law School '17

Leah Litman

Michigan Law School

Cooperation for the 99%

12/20/18  //  In-Depth Analysis

The FTC and DOJ have welcomed corporate consolidation and monopolization, but targeted workers and small proprietors who organize

Take Care

Multidimensional Separation(s) of Powers and Questions of Democratic Erosion

10/29/18  //  In-Depth Analysis

All of those tedious checks and balances and lines of separation that frustrate one and all during times of normal, functional democratic governance have a very real role to play in our constitutional order.

Jon D. Michaels

UCLA School of Law

Versus Trump: Healthcare Update (With Guest Greer Donley)

4/11/19  //  In-Depth Analysis

This week on Versus Trump, Jason and Charlie talk with special guest Greer Donley, a law professor at University of Pittsburgh School of Law, to talk about the latest developments in litigation related to Obamacare, including the stunning DOJ reversal in Texas, and recent decisions prohibiting states from adding work requirements to Medicaid. Listen now!

Charlie Gerstein

Civil Rights Corps

The FCC's Net Neutrality Two Step

1/5/18  //  Commentary

The agency’s conflicting rationales seem largely arbitrary. Moreover, its action abandons a longstanding bipartisan consensus favoring net neutrality.

Tejas Narechania

UC Berkeley School of Law

There’s No Justification for Michigan’s Discriminatory Work Requirements

5/9/18  //  Uncategorized

Low-income residents in Michigan’s cities are significantly less able to travel for work than people in rural communities. But Michigan legislators wants to exempt only the latter from their new work requirements. That's both immoral and illegal.

Eli Savit

University of Michigan Law School

Nick Bagley

University of Michigan Law School

Taking the Nuclear Option Off the Table

5/23/17  //  Commentary

Last Thursday, fifteen states and the District of Columbia moved to intervene in House v. Price, the case about the ACA’s cost-sharing reductions. At the same time, they asked the court to hear the case promptly. This is a bigger deal than it may seem, and could offer some comfort to insurers that are in desperate need of it.

Nick Bagley

University of Michigan Law School

An Ode to the Career Bureaucracy

1/10/18  //  In-Depth Analysis

It would be a delicious irony if the President’s attempts to circumvent the internal checks on his authority were ultimately to serve to revitalize the external constraints on presidential power, as has been a legacy of presidents past.

Rebecca Ingber

BU Law School

The Bearable Lightness of Janus

6/27/18  //  Quick Reactions

The Supreme Court's ruling in Janus sounds like a pretty big problem for organized labor. But it doesn’t have to be.

Aaron Tang

UC Davis School of Law

Trump’s Trans Ban Isn’t 'Frozen'

8/30/17  //  Commentary

It’s time to stop pretending the Executive Branch is going to check Donald Trump.

Eli Savit

University of Michigan Law School

Can the Courts Stop Affordable Care Act Waivers From Taking Effect?

9/14/17  //  Commentary

Iowa has asked the Trump administration to approve an unlawful waiver. Could the courts step in if the administration grants the waiver?

Nick Bagley

University of Michigan Law School

The Brutal Math of Repealing the Individual Mandate

11/16/17  //  Commentary

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

Versus Trump: Versus DeVos 2.0

9/5/19  //  In-Depth Analysis

This week on Versus Trump, Jason discusses the continuing illegal intransigence of the Department of Education, with Eileen Connor and Toby Merrill of Harvard's Project on Predatory Student Lending. Listen now!

An Open Letter to Sen. Ben Sasse

6/21/17  //  Latest Developments

I recently wrote an open letter to Senator Ben Sasse regarding the American Health Care Act. Here's the conclusion.

Richard Primus

University of Michigan Law School

FCC’s Reversal on Prison Call Rates Demonstrates the Commission’s New Stance

3/29/17  //  Quick Reactions

The FCC has abandoned its legal defense of a 2015 order that placed new caps on the cost of phone calls placed by prison inmates. This reflects a mentality that will have major effects in prisons and elsewhere.

Daniel Deacon

U.C. Irvine School of Law

Republican (and Democratic) Hypocrisy on Faithful Execution

3/17/17  //  Commentary

President Obama pushed the limits of enforcement discretion. Trump may be worse. Will anyone check him if he is?

Zachary Price

U.C. Hastings College of the Law

The Integrity Of The Net Neutrality Record And Deference

1/12/18  //  Commentary

The FCC was targeted for a misinformation campaign and then relied upon an uncorrected record to support its order undoing net neutrality protections. That might matter.

Tejas Narechania

UC Berkeley School of Law

Trump v. Unions

3/21/17  //  Commentary

January 20, 2017 marked the beginning of a new and dangerous age for labor. Here's an overview of the many challenges and threats that the American labor movement is likely to face under Trump.

Charlotte Garden

Seattle University School of Law

Census Smoke Signals

3/29/18  //  Commentary

Where there is smoke, there is usually a fire

Jennifer Nou

University of Chicago Law School

What if Trump Censors Climate Science?

8/31/17  //  In-Depth Analysis

Are there legal remedies if Trump refuses to officially accept the Climate Science Special Report?

Dov Fox

University of San Diego School of Law

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

Updates | The Week of November 20, 2017

11/26/17  //  Daily Update

The Trump Administration's decision to allow imports of trophies from big game hunting was met with fierce backlash, including a lawsuit from environmental advocates.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

As Republicans turn to tax reform, Jon Barela argues that they should reject the Border Adjustment Tax.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

President Trump continues to debate pulling out of the Paris Agreement. He has been sued for trying to undo two of President Obama’s decisions withdrawing millions of acres of the Arctic and Atlantic Oceans from future oil and gas speculation.

Updates | The Week of October 16

10/21/17  //  Daily Update

President Trump's proposed overhaul of the Affordable Care Act will do clear harm and violates the Take Care clause of the Constitution. The bipartisan bill to preserve health care subsidies for low-income Americans under the Affordable Care Act must win over more Republicans and President Trump to succeed.

The Story Thus Far: Housing

3/16/17  //  Daily Update

Thus far, most coverage of the Department of Housing and Urban Development has focused on the fact that the man named to lead it, Ben Carson, appears opposed to its core mission. Here are some useful analyses of the story thus far.

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

The administration unveiled its first regulatory agenda, including details of its planned repeal of the Clean Power Act and Clean Water Rule.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Major internet companies are reacting with disapproval to FCC plans to eliminate net neutrality rules.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

Commentators are questioning whether passing meaningful tax reform is politically feasible.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

The Consumer Financial Protection Bureau continues to be challenged by the Trump administration.

Take Care

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump is taking an active approach to combat what he views as unfair trade practices. This will likely affect U.S. trade with China.

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

The President's control over regulatory policy raises questions about checks and balances, and makes clear the need for an independent Congressional Budget Office.

Updates | The Week of February 5, 2018

2/11/18  //  Daily Update

The Nunes memo set off aftershocks; agencies scrambled to implement the Trump Administration's policies to mixed effect; and Congress passes a budget after a brief overnight shutdown.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Hearings for his Secretary of Labor nominee demonstrated that President Trump’s budget proposal threatens even popular and effective government programs, as Charlotte Garden explains for Take Care. This week, the Trump Administration repealed a rule requiring federal contractors to disclose labor violations.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

President Trump fills two vacant seats on the NLRB, which will likely undo Obama-era policies on labor.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

FCC Chair Ajit Pai has taken steps to roll back Obama-era rules including business broadband price caps; he also solicited feedback on pulling back net neutrality.

Take Care

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

The Trump Administration is considering broad exemptions to the Affordable Care Act's birth control mandate.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

A House committee approved major tax reforms.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

President Trump plans to expand the workforce with apprenticeships, and plans to include permit reform in his infrastructure package. Meanwhile, the Department of Labor is planning to rescind the "persuader rule," and pro-family policies pushed by Ivanka Trump are woefully inadequate.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

Uncertainty remains about the future of the United States' commitments under the Paris Climate Agreement. Debate over the status of twenty-seven National Monuments heated up as the comment period for the Interior Department's review opened.

Updates | The Week of June 10, 2017

7/16/17  //  Daily Update

While the D.C. Circuit blocked the Trump Administration's attempts to scrap Obama-era methane regulations, the EPA continues to put other protective regulations on the chopping block.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

This week, the March for Science took place in cities around the world — the Trump Administration was the recipient of heavy criticism.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

Administration officials met with Senate leaders on the possibility of raising the debt ceiling. The Comptroller of the Currency will not seek repeal of the CFPB's mandatory arbitration rule.

The Story Thus Far: Environmental Law

3/16/17  //  Daily Update

President Trump has already begun his assault on environmental regulations. Here are some useful analyses of the story thus far.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

Senate Majority Leader Mitch McConnell signaled he would bring the bipartisan Murray-Alexander proposal to a vote if President Trump issued his support. The Administration bypassed a key administrative law procedure with its new birth control regulations.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

Education Secretary Betsy DeVos has weakened consumer protections for student loan borrowers

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

The Environmental Protection Agency has proposed a unified national automobile emissions standard, which may preempt California's stricter standard. California is challenging the Interior Department's repeal of standards for fracking on federal land.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

President Trump has signed bills repealing rules addressing teacher preparation and school accountability.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

Commentary continues on the early deregulatory efforts of the Trump administration.

Updates | The Week of September 11, 2017

9/17/17  //  Daily Update

Trump's decision to end DACA spurs a flurry of legal challenges; his election fraud commission gets into more trouble; and the Supreme Court stays the Ninth Circuit's latest trvel ban ruling.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

While a new CFPB rule prohibits consumer arbitration clauses in financial services, a proposed CMS rule would eliminate similar protections for nursing home residents.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

News regarding the Consumer Financial Protection Bureau dominated the week of April 10th.

Updates | The Week of October 16

10/21/17  //  Daily Update

President Trump's proposed tax reform would slash the corporate tax rate and simplify taxes paid by families and individuals. It would also eliminate the estate tax and the alternative minimum tax, changes that would primarily benefit upper-income earners.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

The Trump Administration pulls back on health and safety regulations; its draft contraceptive rule has no legal foundation.

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

Climate change concerns led a federal court to reject proposed construction of a natural gas pipeline, but the EPA rejected a ban on a possibly dangerous pesticide. Changes may be coming to the National Parks system.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

Congressional Republicans may craft a tax reform proposal much different from President Trump's proposed bill.

Update | Week of October 30, 2017

11/6/17  //  Daily Update

The Labor Department will appeal a court ruling that threw out an Obama-era rule that would have expanded overtime pay to 4 million more people.

Zachary Piaker

Columbia Law School

Updates | Week of July 24, 2017

7/30/17  //  Daily Update

The Trump administration continues to attempt to erode the power of the EPA by proposing rollback of Obama-era regulations.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

This week, President Trump’s administration rolled back protections for those in student loan default.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of November 20, 2017

11/26/17  //  Daily Update

The Trump administration filed suit to block the AT&T/Time Warner merger. Mick Mulvaney, of OMB, may soon head the Consumer Financial Protections Bureau.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

The EPA will roll back or rescind several Obama-era environmental policies. EPA Administrator Scott Pruitt is aggressively and secretly pursuing his anti-regulatory agenda.

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

A CBO analysis indicates that cutting ACA subsidies would actually increase government spending.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

Education Secretary DeVos is moving ahead with school choice programs.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

President Trump appointed Neomi Rao, a law professor at George Mason University, as Administrator of the Office of Information and Regulatory Affairs. The administration also sought to dismiss a lawsuit challenging its "one in, two out" executive order regarding regulation.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

The FTC is poised to pull back on enforcement and the House of Representatives voted to repeal CFPB's rule that would protect consumers' rights to sue banks in class actions.

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

The Senate passed a sweeping tax rewrite early Saturday.

Jeffrey Stein

Columbia Law School

Updates | The Week of September 4, 2017

9/10/17  //  Daily Update

The President orders an end to DACA and has Attorney General Jeff Sessions announce the change; Trump Jr.'s June 2016 meeting with a Russian lawyer undergoes more scrutiny; Trump's 16 nominations to the federal judiciary spur challenges and concern.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

A coalition of 21 state attorneys general wrote a letter to Education Secretary Betsy DeVos, criticizing her decision to withdraw federal guidance issued by the Obama administration to increase consumer protections in student loan servicing. President Trump signed an executive order requiring Education Secretary Betsy DeVos to conduct a review of whether the federal government exceeded its legal authority in K-12 schools.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

The Trump Administration's plan to encourage cities, states, and corporations to provide infrastructure funding in lieu of the federal government may leave taxpayers without clear benefits and with greater costs.

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

The FCC declined to release complaints regarding the rollback of net neutrality.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

President Trump announced that he will withdraw the United States from the Paris climate accord.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Department of Education announces it will postpone the Obama-era "borrower defense" final rule.

Update | The Week of November 27, 2017

12/4/17  //  Daily Update

The EPA finalized a rule that will maintain the biofuels quota.

Jeffrey Stein

Columbia Law School

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

Congressional Republicans are weighing their options, some bipartisan, some not, in the wake of the skinny repeal failure. The White House has the opportunity to help or hurt insurance markets.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

The Trump Administration spent the week making moves to undo Obama-era environmental regulations while advocates have challenged the constitutionality of the Congressional Review Act.

Take Care

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

The Trump administration's proposal to revoke the Department of Labor's "fiduciary rule" is causing controversy within the agency, and the repeal of Obama-era Department of Labor regulations by congressional Republicans may actually increase regulatory burdens.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

FCC Chairman Ajit Pai’s proposed plans to roll back Obama-era net neutrality rules have attracted heavy criticism.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

The Administration continued advancing its deregulatory agenda, repealing regulations on commercial drones and deceptive practices in livestock production.

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

MetLife continues to fight the government over its designation as "systemically important."

Update | The Week of November 27, 2017

11/30/17  //  Daily Update

The Republican tax plan cleared a significant hurdle in the Senate. A federal judge denied Leandra English's request for a temporary restraining order in the fight over who is the acting director of the CFPB.

Jeffrey Stein

Columbia Law School

The Story Thus Far: Consumer Protection

3/16/17  //  Daily Update

Since Trump took office, bitter fights have erupted within the federal government about the future of consumer protection. Here are some useful analyses of the story thus far.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

Resource constraints at the FDA are impacting the agency's ability to monitor imported cosmetics.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

The Treasury moves to reform regulations under Dodd-Frank, portending a future crisis.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

Commentary continues on President Trump's nominees to important environmental positions in light of their many ties to regulated polluting industries. The Department of the Interior removed discussion of climate change from its strategic plan.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

Republican healthcare reform efforts faced a roller coaster week in the Senate, culminating in a dramatic rejection of the so-called "skinny repeal."

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

The D.C. Circuit rejected the EPA's effort to delay the effective date of an Obama-era methane emissions rule. Commentary continued on the Administration's attempts to replace the Clean Water Rule.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

FCC Chairman Ajit Pai announced a dramatic deregulatory overhaul of media consolidation and ownership rules.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump has taken a lot of action dismantling Obama-era environmental regulations. Environmental groups have been just as active in filing suit in response.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

This week, the FCC suggested a plan to reduce government oversight of high-speed internet providers, undercutting Obama-era policies preventing cable companies from blocking or slowing dock online content.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

The Trump administration is poised to end Obama-era environmental protections. Some argue the Environmental Protection Agency cannot lawfully gut climate change regulations. Plus we saw a glimpse into President Trump’s EPA appointees.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of January 22, 2018

1/28/18  //  Daily Update

In a memo to CFPB staff, acting director Mick Mulvaney expressed plans to move away from his predecessor's "good guys" fighting "bad guys," approach to one in which the agency conducts enforcement with "humility and prudence." The Bloomberg Editorial Board argued that the CFPB's plan to reconsider payday lending rules is misguided.

Update | Week of October 30, 2017

11/6/17  //  Daily Update

The EPA is reducing transparency and increasing the influence of industry at the expense of scientists. The Trump Administration is planning to reconsider a ban on mining for uranium in the Grand Canyon put in place during the Obama administration.

Zachary Piaker

Columbia Law School

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

Despite the failure of the proposed American Health Care Act, the Trump administration and congressional Republicans continue to discuss plans to repeal and replace the Affordable Care Act. The Trump administration continues to consider the possibility of withholding insurer subsidies.

Updates | The Week of November 13, 2017

11/19/17  //  Daily Update

The House passes its version of a tax bill that would dramatically alter the tax code as President Trump faces trouble over the diversity of his federal judicial nominees and the fitness of his appointees to office, some of whom have alleged conflicts of interest.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

The Federal Reserve raised the benchmark interest rate. The Treasury Department issued a report recommending rollbacks of Dodd-Frank. Meanwhile, Treasury Secretary Mnuchin walked back a statement he made last year that the president's tax plan would offer no absolute tax cuts to the wealthy.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

Proposed amendments to an updated Republican health care bill have been circulating, prompting legal scholars and advocates to push back on specific elements.

Take Care

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

The Acting Comptroller of the Currency asked the CFPB to delay publication of its final arbitration rule. Commentary continued on President Trump's appointees to key regulatory positions.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

As the President and Speaker attempted unsuccessfully to glue together a coalition to pass their Affordable Care Act (ACA) replacement plan, Take Care contributors examined its constitutionality in reference to arguments made against the ACA and looked at the consequences of the administration’s indecision on health policy.

Take Care

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

The FCC continues its efforts to undo net neutrality rules.

Updates | The Week of July 24, 2017

7/30/17  //  Daily Update

Commentators are anticipating a pullback in the FTC's enforcement efforts under new leadership.

Updates | The Week of October 23, 2017

10/31/17  //  Daily Update

Commentary continued on President Trump's proposed tax plan. Whether the President can get the plan through Congress remains unclear.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

The Senate passed the $1.1 trillion funding bill passed in the House.

Update | Week of October 30, 2017

11/6/17  //  Daily Update

CFPB Director Richard Cordray called on President Trump to veto Congress' override of CFPB's arbitration rule allowing for class-action suits against financial firms.

Take Care

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

President Trump misrepresents the content of the American Health Care Act.

Updates | The Week of October 16

10/21/17  //  Daily Update

The Department of Homeland Security announced that it would require federal agencies to increase security for outgoing email and website traffic. President Trump has dismantled critical portions of President Obama's accomplishments through executive action and left further action up to Congress.

Updates | The Week of November 20, 2017

11/26/17  //  Daily Update

The FCC released plans to abolish both federal and state net neutrality rules. The Active Cyber Defense Certainty Act (ACDC) may address calls for more robust offensive cyber action by the government.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

The Senate confirmed President Trump’s second pick to the National Labor Relations Board.

The Story Thus Far: Administrative Law

3/16/17  //  Daily Update

The Trump Administration appears eager to fight the administrative state by changing the rules of the game for regulation. Here are some useful analyses of the story thus far.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

The House delayed a vote on a revised healthcare bill, denying President Trump a 100-day win. The House Freedom Caucus, which opposed President Trump's earlier plan to repeal the Affordable Care Act, now supports a more conservative version of the bill.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

President Trump's deregulatory agenda begins to take shape and Professor Naomi Rao is nominated to head the Office of Information and Regulatory Affairs.

Take Care

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

A case challenging the constitutionality of the Consumer Financial Protection Bureau's structure continues in the DC Circuit.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

The Trump Administration will recommend limits be placed on the Consumer Financial Protection Bureau.

Updates | The Week of January 15, 2018

1/21/18  //  Daily Update

The week began with Martin Luther King Jr. Day and ended with a government shutdown on the anniversary of President Trump's inauguration.

Jacob Miller

Harvard Law School

Updates | The Week of July 10, 2017

6/27/17  //  Daily Update

President Trump's new nominee to the Federal Reserve must build consensus in order to make major rules changes. The Department of Labor has no plans to enforce the "fiduciary rule" on retirement savings.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

Questions remain over what would replace the Clean Power Plan. EPA Administrator Scott Pruitt threatened to end funding for the DOJ's Environmental and Natural Resources Division.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

Tax reform is still very much on the Administration's agenda, with Steven Mnuchin hinting that reforms would be released soon.

Take Care

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Last week saw the demise of Republican efforts to repeal and replace the Affordable Care Act. But this week saw concerns that the Trump Administration could nonetheless cause the ACA to implode. On Take Care, Nick Bagley and Rachel Sachs analyzed this possibility.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

President Trump decided to nominate Joseph Otting as Comptroller of the Currency.

Updates | The Week of July 17, 2017

7/23/17  //  Daily Update

The Protect Democracy Project is seeking the release of communications it believes may reveal the administration's plans to discredit the Congressional Budget Office.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

This week in administrative law saw analysis from Nick Bagley in Take Care.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

Commentary continued on the Graham-Cassidy healthcare bill. Senator Susan Collins announced her opposition to the bill, depriving it of a crucial vote needed for passage.

Updates | The Week of August 21, 2017

8/27/17  //  Daily Update

A federal judge blocked an EEO rule allowing employers to tie healthcare premiums to participation in wellness programs. Several state attorneys weighed in opposing mandatory arbitration agreements in employment contracts.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

The Department of the Treasury took aim at Obama-era tax regulations such as those relating to off-shore tax deals and estate taxes, claiming they impose an “undue financial burden” on taxpayers.

Updates | The Week of October 16

10/21/17  //  Daily Update

The upcoming UN climate change discussions are likely to pose challenges for the United States, which left the Paris climate accord. National Park Service administrators and interest groups near Dinosaur National Monument are voicing concern about increased drilling in the area. Scott Pruitt, EPA Administrator, pledged to crack down on settlements with environmental groups that sue the agency

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

President Trump signed an order rolling back many Obama-era climate change policies. Take Care covered this executive order extensively.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

The Administration focuses on repealing rather than promulgating regulations.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump is still slowly nominating cabinet members. He is revealing his attitude toward the administrative state through proposed budget cuts and use of the Congressional Repeal Act.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

Over 20 million comments have been filed on the FCC's proposed net neutrality rollback.

Updates | The Week of August 28, 2017

9/3/17  //  Daily Update

Trump's pardon of former sheriff Joe Arpaio sets off a firestorm; another battle over Trump's immigration ban is heard by the Ninth Circuit; and investigators and journalists turn up more evidence of Trump's business dealings with Russia.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

The Trump administration continues to consider pulling out of the Paris climate change agreement. Budget cuts and a deregulatory agenda threaten long-running EPA programs.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

This week, a Take Care contributor predicted that the new Republican majority at the Federal Communications Commission might walk back net neutrality.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

The SEC is still investigating the extent of the 2016 hack, while CFPB head Richard Cordray warned credit rating agencies to brace for increased cybersecurity regulation.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

Embattled Senate Republicans released a new health care bill. State Attorneys General attempting to intervene in the House v. Price litigation face opposition from both parties.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

The CBO released its conclusions regarding President Trump's proposal to cut cost-sharing reduction payments to insurers. Secretary of the Interior Ryan Zinke may have violated federal law when he attempted to pressure Senator Lisa Murkowski into voting for the ACA repeal.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

The Trump Administration has announced a shift away from Obama-era net neutrality rules as a bill allowing internet service providers to market customers' browsing history to third parties heads to President Trump's desk.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Energy Secretary Rick Perry states that carbon dioxide emissions are not the "primary control knob" behind climate change, and environmental advocates brace for Perry to release a report undermining clean energy sources.

The Story Thus Far: Labor

3/16/17  //  Daily Update

President Trump is likely to pursue a ferociously anti-labor agenda. The battles ahead may define the future of labor and employment law in America—and the fate of organized labor. Here are some useful analyses of the story thus far.