1/23/21  //  Commentary

Well, this is it for Versus Trump, folks. Trump ain't President anymore! He doesn't even have a twitter account. What a way to end. Charlie and Jason bring back Easha to discuss the short and long term impact of January insurrection. They then reflect on the big picture. After all, we've been podcasting about legal cases involving Trump for almost four years. What in the world happened? Listen now!

11/5/20  //  In-Depth Analysis

Contrary to challengers’ claim, Congress nowhere directed the Supreme Court to strike down the entire ACA if the individual mandate is invalidated. Congress knows how to write an inseverability directive, and didn’t do it here. That, combined with Congress’s clear actions leaving the ACA intact and the settled, strong presumption in favor of severability, make this an easy case for a Court that is proud of its textualism.

5/6/20  //  Commentary

Even the Supreme Court has been required to take unprecedented steps by closing the building, postponing argument dates, and converting to telephonic hearings. Those impacts should be reflected in all aspects of the Court’s work, including the decisions it renders for the remainder of this term.

5/6/20  //  Commentary

The Title VII cases before the Court present a fundamental question: are there really five textualists on the Court? We’ll find out soon.

5/4/20  //  Commentary

Don Herzog explains why sovereignty talk is useless to resolving public health issues -- and basically everything else too.

4/7/20  //  Commentary

By Brianne Gorod and Becca Damante: Congress’s $2 trillion relief legislation is the largest aid package in modern American history. That’s a lot of discretion to give to an Administration in which self-dealing and corruption are disturbingly common. There is thus an urgent need for vigorous congressional oversight.

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.

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.

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.

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.

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.

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.

6/19/17  //  Quick Reactions

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

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.

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.

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?

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

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

1/14/18  //  Latest Developments

Take Care is pleased to host a symposium on Constitutional Coup

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

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.

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.

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.

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!

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.

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.

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.

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!

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!

1/8/18  //  Commentary

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

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.

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.

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!

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.

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!

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.

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.

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!

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.

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!

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!

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.

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

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”?

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.

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 ...

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

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.

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!

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.

5/11/17  //  Commentary

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

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.

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.

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?

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.

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.

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.

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.

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!

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.

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.

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.

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.

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.

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.

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?

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.

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.

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.

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!

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!

3/30/17  //  Commentary

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

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!

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!

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.

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!

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.

12/5/18  //  In-Depth Analysis

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

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.

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?

6/27/18  //  Commentary

Short Answer: It’s Not Good

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.

12/17/19  //  Commentary

Democratic dissents are the last good thing coming from Trump’s NLRB. Now they’ll disappear.

4/5/18  //  Commentary

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

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.

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.

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.

3/30/20  //  In-Depth Analysis

HHS has recently tried to essentially repeal an important rule that prevents the Department from discriminating across its many programs. But, as contributor Harper Jean Tobin explains, its rule making is both substantively and procedurally illegal.

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.

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.

1/18/18  //  In-Depth Analysis

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

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.

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.

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!

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

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

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.

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!

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.

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.

9/5/17  //  In-Depth Analysis

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

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.

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

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.

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.

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?

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!

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.

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.

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.

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.

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?

2/26/19  //  Commentary

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

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!

12/15/17  //  Latest Developments

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

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

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.

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!

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

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.

4/22/19  //  In-Depth Analysis

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

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.

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]

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.

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.

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.

7/28/17  //  Commentary

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

2/18/20  //  Commentary

The administration often tries to foist blame on the courts for its politically unpopular policies--or to have the courts effectuate its politically unpopular policies for the administration.

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.

7/25/17  //  Commentary

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

6/22/19  //  Commentary

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

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.

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!

6/14/17  //  In-Depth Analysis

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

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.

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.

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.

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.

6/26/18  //  Commentary

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

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.

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.

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

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.

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!

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.

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.

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.

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.

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.

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

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.

3/6/20  //  Commentary

Congress has historically exercised its broad oversight authority to investigate public health crises and the executive branch’s responses to them, and it can do the same here.

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.

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

3/19/17  //  Commentary

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

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.

12/19/19  //  Quick Reactions

The U.S. Court of Appeals for the Fifth Circuit just gave the Republican Party a huge and unjustified gift.

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.

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.

1/16/18  //  Commentary

Highlights from a recent conference on deregulation in the Trump era

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.

1/1/19  //  In-Depth Analysis

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

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!

1/7/19  //  Latest Developments

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

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!

7/20/17  //  In-Depth Analysis

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

3/17/17  //  Commentary

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

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!

3/27/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss a lawsuit in Seattle, Dawson v. Asher, requesting that several vulnerable people in immigration detention be released. They discuss the legal standard for detention, why detention centers are particularly dangerous places, and what courts will be balancing when they consider these requests for release. Listen now!

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.

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!

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

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.

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.

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

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!

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.

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!

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?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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!

5/2/17  //  Quick Reactions

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

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.

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.

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.

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)

2/22/18  //  Commentary

Idaho is flouting the Affordable Care Act. Will the courts do anything to stop it?

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.

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.

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.

6/29/17  //  Commentary

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

9/21/17  //  Commentary

The supposed flexibility underlying Graham-Cassidy is a lie.

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?

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!

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!

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!

1/3/20  //  In-Depth Analysis

Since 2015, lawsuits by the House of Representatives have been authorized not by a vote of the full House but by majority of a standing, 5-member committee. Is this structure constitutional?

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?

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.

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!

7/3/18  //  Commentary

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

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.

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!

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.

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.

9/10/18  //  Commentary

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

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!

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.

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?

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.

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.

12/12/17  //  Commentary

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

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.

3/23/20  //  Commentary

Congress has a crucial role to play in keeping us safe from COVID-19. Notwithstanding baseless continued attacks on the Affordable Care Act, Congress is fully empowered to legislate on these issues.

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.

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?

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.

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.

1/11/18  //  In-Depth Analysis

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

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.

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.

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.

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.

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.

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.

12/16/19  //  In-Depth Analysis

The Trump HHS has proposed to repeal important nondiscrimination regulations that apply to healthcare providers and insurance companies. But the Administration's reasoning is deeply flawed.

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.

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?

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

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.

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!

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.

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.

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!

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.

1/15/20  //  Commentary

The government's filings on why the Court should delay hearing the case only underscore the reasons for the Court to end this litigation now.

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.

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!

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?

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.

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?

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!

9/7/17  //  Quick Reactions

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

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.

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?

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.

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.

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.

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

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.

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.

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.

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

4/13/18  //  In-Depth Analysis

Can Scott Pruitt be stopped in court?

7/2/19  //  Commentary

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

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.

7/26/17  //  Commentary

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

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

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!

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!

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.

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.

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.

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!

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.

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

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!

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!

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.

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!

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.

4/6/20  //  Commentary

By Charlie Miller & Brianne Gorod: House Speaker Nancy Pelosi has announced a Select Committee on the Coronavirus Crisis. The Truman Commission offers a model for oversight of the COVID-19 response.

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.

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.

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!

3/12/20  //  Quick Reactions

The President has been harshly criticized for his inadequate response to coronavirus. But state and local officials have the legal authority to do much more than they are doing to protect health and safety. They need to act now, with or without the President's support.

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?

7/27/17  //  Commentary

The Republicans Themselves Said It Would be Disastrous

5/22/19  //  In-Depth Analysis

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

12/19/19  //  Commentary

With the Trump administration's support, the Fifth Circuit ruled yesterday that the health-care law contains a constitutional flaw—and that most or all of the law may have to be scrapped.

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!

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.

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.

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.

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.

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!

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.

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.

4/18/17  //  Commentary

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

12/20/18  //  In-Depth Analysis

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

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.

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!

1/5/18  //  Commentary

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

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.

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.

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.

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.

8/30/17  //  Commentary

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

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?

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.

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!

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.

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.

3/17/17  //  Commentary

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

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.

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.

3/29/18  //  Commentary

Where there is smoke, there is usually a fire

8/31/17  //  In-Depth Analysis

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

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?

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.

4/2/17  //  Daily Update

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

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.

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.

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.

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.

6/11/17  //  Daily Update

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

8/20/17  //  Daily Update

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

4/23/17  //  Daily Update

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

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.

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.

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.

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.

6/25/17  //  Daily Update

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

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.

6/4/17  //  Daily Update

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

7/30/17  //  Daily Update

A House committee approved major tax reforms.

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.

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.

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.

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.

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.

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.

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.

4/16/17  //  Daily Update

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

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.

4/2/17  //  Daily Update

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

7/30/17  //  Daily Update

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

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.

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.

4/16/17  //  Daily Update

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

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.

6/11/17  //  Daily Update

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

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.

5/7/17  //  Daily Update

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

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.

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.

3/26/17  //  Daily Update

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

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.

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.

8/27/17  //  Daily Update

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

8/20/17  //  Daily Update

Education Secretary DeVos is moving ahead with school choice programs.

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.

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.

12/4/17  //  Daily Update

The Senate passed a sweeping tax rewrite early Saturday.

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.

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.

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.

7/23/17  //  Daily Update

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

6/4/17  //  Daily Update

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

6/25/17  //  Daily Update

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

12/4/17  //  Daily Update

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

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.

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.

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.

4/30/17  //  Daily Update

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

10/31/17  //  Daily Update

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

7/9/17  //  Daily Update

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

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.

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.

8/6/17  //  Daily Update

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

6/25/17  //  Daily Update

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

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.

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."

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.

10/31/17  //  Daily Update

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

6/4/17  //  Daily Update

The FCC continues its efforts to undo net neutrality rules.

7/30/17  //  Daily Update

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

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.

5/7/17  //  Daily Update

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

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.

5/7/17  //  Daily Update

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

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.

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.

10/1/17  //  Daily Update

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

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.

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.

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.

4/9/17  //  Daily Update

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

6/18/17  //  Daily Update

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