//  6/16/17  //  Quick Reactions

President Trump has asked the Supreme Court to lift the orders preventing him from implementing his revised travel ban. Nelson TebbeMicah Schwartzman and I, along with a large group of constitutional law scholars, have filed a brief opposing Trump's motion.

In our filing at the Supreme Court, we argue that the travel ban is an unconstitutional violation of the Establishment, Equal Protection, and Free Exercise Clauses. We demonstrate why Trump's recent tweets constitute additional evidence for his animus-based motivation. And we respond to the government's argument that the 4th Circuit engaged in a novel, unjustified expansion of the Establishment Clause.

Thanks to distinguished lawyer Roberta Kaplan and her team for drafting a terrific brief.


Espinoza and the Continued Evisceration of the Establishment Clause

7/1/20  //  In-Depth Analysis

Espinoza leaves us with a gluttonous Free Exercise Clause, and a starved Establishment Clause.

Espinoza v. Montana Department of Revenue – Requiem for the Establishment Clause?

7/1/20  //  In-Depth Analysis

Those who still believe that the Constitution precludes state involvement in promoting religious thought and experience now have some work cut out for them

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Religious Discrimination And Racial Discrimination

6/30/20  //  Quick Reactions

The Court’s decision in Espinoza is similar to the trajectory of the law of racial discrimination in some respects, it also offers a striking contrast in others

Leah Litman

Michigan Law School