Civil Rights

“No state shall make or enforce any law which shall . . . deny any person within its jurisdiction the equal protection of the laws.”

~  Fourteenth Amendment, U.S. Constitution

The Easy Take And The Right Take On The Charlottesville Lawsuit

10/16/17  //  Commentary

There are two ways to look at one of the recent lawsuits against the organizers of the Charlottesville rally, the easy way and the right way.

Leah Litman

U.C. Irvine School of Law

Versus Trump: The Contraception Mandate Challenges

10/12/17  //  Commentary

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

Easha Anand

San Francisco

Aiming the Bully Podium at Minority Communities

10/11/17  //  In-Depth Analysis

By Mark Joseph Stern: From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

Take Care

President Trump’s 'Pro-Life' Week

10/9/17  //  Commentary

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

Rachel Tuchman

Private Practice

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

The Trump administration is pushing a FISA reauthorization before the surveillance law sunsets in December.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Civil rights groups are preparing to challenge the administration's decision to halt the equal pay rule.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

The administration voiced its support for a ban on abortions after twenty weeks. The ACLU is suing the FDA over restrictions on medication used for abortions.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Attorney General Jeff Sessions reversed the Obama-era DOJ position that Title VII bans discrimination against transgender workers.

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

The NAACP is preparing to sue the Commerce Department over preparations for the 2020 census.

The Travel Ban and the Ontology of the Compelling Interest Test

10/6/17  //  In-Depth Analysis

Maybe the whole compelling interest test is misguided in Establishment Clause cases.

Michael C. Dorf

Cornell Law School

Honor Killings and the Travel Bans

10/4/17  //  In-Depth Analysis

Anti-Muslim animus on the face of the second travel ban requires clear proof that the third one is free of such bigotry.

Updates | The Week of September 25, 2017

10/1/17  //  Daily Update

The Second Circuit seemed hostile to the administration's anti-gay position during oral arguments in the pending Title VII case.

The Unsettling Of Affirmative Action

8/24/17  //  In-Depth Analysis

DOJ’s investigation into Harvard’s affirmative action program is bigger than it looks (and it already looked big).

Helen Klein Murillo

Harvard Law School '17

Leah Litman

U.C. Irvine School of Law

Constitutional Hurdles for Concealed Carry Reciprocity

3/16/17  //  In-Depth Analysis

President Trump favors federal legislation requiring states to recognize concealed carry licenses issued by other states. But that policy rests on shaky constitutional foundations.

Joseph Blocher

Duke Law School

The Sessions DOJ Turns a Blind Eye to Discrimination

3/22/17  //  In-Depth Analysis

In the landmark Texas Voter ID case, DOJ has begun its official retreat from the protection of minority voting rights. This is the wrong decision and an ominous sign for the future.

Danielle Lang

The Campaign Legal Center

An Unconstitutional Threat to Sanctuary Cities

3/21/17  //  Commentary

DOJ argues that courts can't hear challenges to Trump's executive order threatening to punish sanctuary cities. Its arguments are wrong and prove that Trump's policy is illegal.

Nikolas Bowie

Harvard Law School

No, Department of Justice, a Law Designed to Discriminate Against Minority Voters Should Not Remain on the Books

7/10/17  //  Commentary

In a challenge to Texas's strict voter ID law, DOJ has just turned its back on minority voters and victims of discrimination in Texas.

Danielle Lang

The Campaign Legal Center

Neo-Nazis, Wedding Cakes, and Compelled Speech

8/24/17  //  Commentary

Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.

Michael C. Dorf

Cornell Law School

What President Trump Hasn’t Learned from the Rodney King Riots

5/2/17  //  Commentary

100 days in and 25 years after the unrest in Los Angeles, the Trump Administration is failing communities entitled to fair and just policing.

Chiraag Bains

Harvard Law School

What Happened on United Is Terrible, But What’s Going to Happen Everywhere Is Worse

4/11/17  //  Quick Reactions

The video of the United flight reveals more than just what happened. It also shows why DOJ oversight is so important.

Nikolas Bowie

Harvard Law School

No Peeking? Korematsu and Judicial Credulity

3/22/17  //  Commentary

The Supreme Court's decision in the Japanese Internment Cases offers a chilling reminder of why courts cannot close their eyes to clear evidence of bigotry in executive orders supposedly justified by security concerns.

Ian Samuel

Harvard Law School

Leah Litman

U.C. Irvine School of Law

McKayla Maroney Is Not Impressed (With DOJ's Brief in the Fourth Circuit)

3/27/17  //  In-Depth Analysis

The Department of Justice has filed a brief in the Fourth Circuit defending President Trump's revised entry ban. This is not an impressive brief: it is rife with misstatements of fact and incorrect legal arguments.

Leah Litman

U.C. Irvine School of Law

The Under-Inclusive Theory Of Discrimination (It's Not Going To Happen)

5/8/17  //  In-Depth Analysis

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

Leah Litman

U.C. Irvine School of Law

A Powerful Statement by the California Chief Justice

3/20/17  //  Quick Reactions

In urging the Attorney General to cease using state courthouses as bait for undocumented migrants, the California Chief Justice displayed admirable bravery and commitment to the rule of law.

Laurence H. Tribe

Harvard Law School

Closing the Courthouse Doors: Justice Kennedy’s Very Bad Day

6/22/17  //  Commentary

David Gans discusses Ziglar v. Abassi, a new SCOTUS ruling that makes it very hard for individuals to sue federal officials for trampling on federal constitutional rights

Take Care

Slavery and the Right to Travel Armed: A Short History Lesson

7/31/17  //  Commentary

By Saul Cornell: The opinion striking down D.C.'s gun law under the Second Amendment relies heavily on a selective culling of historical evidence—and a shocking ignorance of the most important facts about Anglo-American criminal law and its history.

Take Care

Women Should Decide When and How to “Dress Like a Woman”

3/17/17  //  Commentary

The President should set a better example for other employers and leave the question of how to dress like a woman—with all of the trade-offs and nuances it entails—to the people who actually have to do it.

Richard Thompson Ford

Stanford Law School

"School Choice" May Leave Students with Disabilities No Choice

4/17/17  //  Commentary

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

Eve Hill

Brown Goldstein & Levy

Criminal Justice Reform and Disability – The Overlooked Opportunity

4/12/17  //  Commentary

Criminal justice agencies have become part of our communities' mental health services systems. They need to abide by the disability rights laws that govern mental health services

Eve Hill

Brown Goldstein & Levy

Versus Trump: The Healthcare Episode

6/1/17  //  Commentary

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

Easha Anand

San Francisco

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

5/17/17  //  Commentary

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

Marty Lederman

Georgetown Law

Michael C. Dorf

Cornell Law School

Samuel Bagenstos

University of Michigan Law School

Leah Litman

U.C. Irvine School of Law

Schools Failing Students with Disabilities - Still

5/11/17  //  Commentary

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

7 Ways Trump Plans to Transform the Civil Rights Division

5/30/17  //  In-Depth Analysis

The president’s proposed budget reveals an intent to roll back protections for the most vulnerable members of society.

Chiraag Bains

Harvard Law School

The Problem with Palmer

5/7/17  //  Commentary

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

John-Paul Schnapper-Casteras

The NAACP LDF, Inc.

The Department of Education’s Troubling Opacity on Sexual Harassment

6/28/17  //  In-Depth Analysis

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

Take Care

Ten Minutes of History on: The Constitutionality of Funding HBCUs

5/12/17  //  Commentary

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

Nikolas Bowie

Harvard Law School

Allowing Felons to Vote Could Prevent Crime

7/27/17  //  Commentary

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

Nancy Leong

Sturm College of Law

Pipelines, Presidents, and Policing Plenary Power

3/30/17  //  Commentary

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

Seth Davis

U.C. Irvine School of Law

Supreme Court Border-Shooting Non-Decision Confirms My Fears Regarding Bivens Actions

6/27/17  //  Commentary

Yesterday's SCOTUS ruling in Hernandez v. Mesa decided one question and punted on two. After explaining what the case decided and what it did not, I'll explain why one of the punts confirms my fear that federal civil rights actions against federal officers are practically a dead letter.

Michael C. Dorf

Cornell Law School

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

6/2/17  //  In-Depth Analysis

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

Nelson Tebbe

Brooklyn Law School

Micah Schwartzman

University of Virginia School of Law

Richard C. Schragger

UVA School of Law

What Does It Mean To Be Pro-LGBT?

8/27/17  //  In-Depth Analysis

Trump Is Not Pro-LGBT, And Frankly He Never Was

Helen Klein Murillo

Harvard Law School '17

Leah Litman

U.C. Irvine School of Law

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

5/4/17  //  Uncategorized

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

Marty Lederman

Georgetown Law

Masterpiece Cakeshop and the Effort To Rewrite Smith and its Progeny

9/21/17  //  In-Depth Analysis

A sleeper issue is brought center stage by two leading religious liberty scholars

Jim Oleske

Lewis & Clark Law School

What Trump Got Wrong In The Rose Garden

5/4/17  //  Quick Reactions

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

Protecting Free Speech and Free Press From Motivated Malignancy

9/28/17  //  In-Depth Analysis

Trump’s potential violations of free speech and press have much in common with his apparent violations of other constitutional limits

Michael C. Dorf

Cornell Law School

Protecting Against Arbitrary Government

9/27/17  //  In-Depth Analysis

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

K. Sabeel Rahman

Brooklyn Law School

Moral Convictions And The Contraception Exemptions

6/5/17  //  Commentary

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

Nick Bagley

University of Michigan Law School

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

5/5/17  //  Commentary

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

Richard C. Schragger

UVA School of Law

The Establishment Clause and the Muslim Ban

3/18/17  //  Commentary

Why the Establishment Clause Has Emerged as the Chief Stumbling Block for Trump's Muslim Ban

Michael C. Dorf

Cornell Law School

The Standard Fare of Judges: What Happens When the Judiciary Does What It Always Does

3/28/17  //  Commentary

The Muslim Ban litigation does not involve a "revolt of the judges." As proven by a survey of major and minor cases from the legal canon, this litigation involves only the standard fare of judging.

Daniel Deacon

U.C. Irvine School of Law

Leah Litman

U.C. Irvine School of Law

Oceans Apart But Still a Close Familial Relation

9/5/17  //  In-Depth Analysis

Analysis of the Ninth Circuit's latest travel ban argument (and some personal reflections).

The Slants, Government Speech, and Elane Photography

6/22/17  //  In-Depth Analysis

Thanks to the Supreme Court's ruling in Matal v. Tam, the government speech doctrine will not swallow the First Amendment.

Michael C. Dorf

Cornell Law School

The Arpaio Pardon Through the Lens of Trump Exceptionalism

8/26/17  //  Commentary

This pardon by this most abnormal president threatens the rule of law

Michael C. Dorf

Cornell Law School

The Problem(s) With The Arpaio Pardon

8/29/17  //  Commentary

Like so much of what Trump has done, the Arpaio pardon raises multiple challenges to our constitutional system.

Leah Litman

U.C. Irvine School of Law

HIV is a Health Condition — Not a Crime

7/31/17  //  Commentary

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

Eve Hill

Brown Goldstein & Levy

Andrew Sullivan Is Wrong About Public-Accommodations Law

5/10/17  //  Commentary

Andrew Sullivan recently criticized gay people who seek to obtain services from those with religious objections to serving them. But Sullivan's criticism fundamentally misunderstands the basic purpose of public accommodations laws and should be rejected.

Charlie Gerstein

Civil Rights Corps

Legal Challenges To H.J. Res 43

4/6/17  //  Quick Reactions

The Republicans’ bill to arbitrarily deny grants to family planning programs could be challenged in several ways.

Leah Litman

U.C. Irvine School of Law

Domestic Adherence to the Gender Binary

7/7/17  //  Quick Reactions

Three former Surgeons General have called for an end to involuntary medical procedures on intersex babies and children. U.S. immigration law sheds light on why this is such an important development.

Bijal Shah

Sandra Day O’Connor College of Law

The Debate Over Confederate Monuments

8/25/17  //  In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Mike Pence on Women, Sex, And Reproductive Health Services

4/4/17  //  Commentary

The Vice President’s policy against dining with women reveals some problems with his recent vote to allow states to deny funding to organizations that are devoted to reproductive justice and reproductive health.

Leah Litman

U.C. Irvine School of Law

What's the Difference Between Confederate Leaders and Slave-owning Founding Fathers?

8/17/17  //  Commentary

We honor Washington and Jefferson despite the fact that they owned slaves, whereas memorials to the likes of Robert E. Lee, Jefferson Davis, and Stonewall Jackson honor them because they fought for a secessionist movement that had the preservation of slavery as its organizing principle.

Michael C. Dorf

Cornell Law School

The Trump Administration’s Immigration-Related Detentions

3/24/17  //  Commentary

The Supreme Court is considering a major constitutional challenge to federal immigration detention policies. Trump’s recent executive orders make that case even more significant.

Leah Litman

U.C. Irvine School of Law

The Trump Administration May Already Have What It Needs for a Serviceable (and Unconstitutional) “Muslim Registry”

4/19/17  //  In-Depth Analysis

The Trump Administration may already have the tools it would need to predict with high accuracy the religious identity of a significant percentage of U.S. citizens and visiting Muslims. And software engineers, not lawyers, may be our first line of alarm and defense.

Vending Machines and Websites - A False Equivalency

8/18/17  //  Commentary

A DOJ ADA brief on Coca Cola vending machines is being touted as a change in position on websites. Except it's not.

Eve Hill

Brown Goldstein & Levy

Animus, Past and Present

5/9/17  //  Commentary

In a new op-ed, Erwin Chemerinsky and I argue that the entry ban is unconstitutional because it was driven by animus toward Muslims.

Leah Litman

U.C. Irvine School of Law

SCOTUS Severely Narrows Civil Rights Suits Against Federal Officers

6/20/17  //  Commentary

Yesterday's SCOTUS ruling in Ziglar v. Abbasi makes it all but impossible for civil rights plaintiffs to sue federal officials for money damages.

Michael C. Dorf

Cornell Law School

Versus Trump: Versus Kobach

7/20/17  //  Commentary

On this week’s episode of Versus Trump, we discuss the litigation against the newly-created Presidential Advisory Commission on Election Integrity, that has Kansas Secretary of State—and repeat defendant in voting rights litigation—Kris Kobach as its now-infamous Vice Chair. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Embracing Federalism

3/16/17  //  Commentary

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

Erwin Chemerinsky

U.C. Irvine School of Law

Trinity Lutheran: A Double Blow to the Establishment Clause

6/30/17  //  Commentary

Our current political climate makes it especially troubling to imagine the government privileging majority religions over minority ones.

Take Care

Kris Kobach is a Menace to Democracy. Boycott his Vote-Rigging Commission.

5/11/17  //  Quick Reactions

By Jed Shugerman. Trump is using the Comey firestorm as a smoke screen for a potentially more dangerous move: appointing Kris Kobach vice chair of a new “election integrity” commission, with Mike Pence as chair. Kobach will make it a voter-suppression/vote rigging commission, fomenting anti-immigrant and racist fears.

Take Care

The Ninth Circuit's Latest Order and The Zombie Travel Ban

9/7/17  //  Quick Reactions

And now what? We’re condemned to battle the zombie-like remains of this cruel order as it shuffles about the world for just a few more weeks, ruining lives and embarrassing our tradition of religious liberty.

Joshua Matz

Publisher

No, the Chief Justice Did Not Just Embrace Obergefell

6/27/17  //  Commentary

Many commentators have misunderstood the significance of a per curiam ruling by the Supreme Court yesterday.

Joshua Matz

Publisher

District Court Holds that Texas Discriminated Against Minority Voters, Again.

4/11/17  //  Quick Reactions

Cutting-edge analysis by Gerry Hebert and Danielle Lang of yesterday's ruling that the controversial Texas Voter ID law was enacted with racially discriminatory intent.

Danielle Lang

The Campaign Legal Center

Appoint a Special Prosecutor, not an Amicus, to Challenge Arpaio’s Pardon

9/12/17  //  Commentary

This would ensure that the novel constitutional questions surrounding the pardon receive full adversarial testing

Andrew Crespo

Harvard Law School

Constitutional Arithmetic Post-Charlottesville: Sometimes One Plus One Equals Zero

8/20/17  //  Commentary

No, the First and Second Amendments do not add up to a right to publicly protest while carrying assault rifles.

Michael C. Dorf

Cornell Law School

The First Amendment Belongs Only to Americans? Wrong

3/29/17  //  Commentary

The First Amendment makes America great for everyone, not just for citizens.

Nikolas Bowie

Harvard Law School

Leah Litman

U.C. Irvine School of Law

All Your Voter Data Are Belong To Us

6/30/17  //  In-Depth Analysis

Kris Kobach just asked for help building a national voter file in two weeks. That’s massively irresponsible. And it might well be illegal.

Justin Levitt

Loyola Law School

Opposing Trump's Muslim Ban at the Supreme Court

6/16/17  //  Quick Reactions

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

Corey Brettschneider

Brown University

DOJ Begins to Turn Its Back on Policing Reform

4/4/17  //  Quick Reactions

AG Sessions’s eleventh-hour effort to avoid a consent decree in Baltimore is indefensible and unmistakably political. The court should not allow it.

Chiraag Bains

Harvard Law School

Why Trump's Travel Ban Statements Compel a Finding of Improper Purpose

4/6/17  //  Commentary

Trump's statements about the revised travel ban overwhelmingly evidence a purpose at odds with the Establishment Clause. And few, if any, of those statements evince actual, substantive national security or foreign affairs objectives that explain the bizarre scope of his order.

Joshua Matz

Publisher

The Pence Policy And The Trump Administration’s Views on Anti-Discrimination

4/3/17  //  Commentary

Vice President Mike Pence’s policy of not dining with women is unconstitutional. It also suggests how far this administration will go to cut back on anti-discrimination law.

Leah Litman

U.C. Irvine School of Law

Disability Advocates Challenge Medicaid Cuts

7/14/17  //  Commentary

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

Eve Hill

Brown Goldstein & Levy

Trump's Hostility to LGBT Rights is Now Unmistakable

7/31/17  //  Commentary

Several years ago the assertion that Title VII does not prohibit sexual orientation discrimination might have been seen as merely cautious; today it can only be apprehended as reactionary and bigoted

Richard Thompson Ford

Stanford Law School

Trump DOJ's Flipped Positions

9/8/17  //  Commentary

Republicans may not be advancing their agenda through legislation, but they're getting it done in other ways.

Leah Litman

U.C. Irvine School of Law

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

6/4/17  //  In-Depth Analysis

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

Douglas NeJaime

UCLA Law School

Reva Siegel

Yale Law School

The Muslim Ban and Trump's Latest Tweets

6/5/17  //  Quick Reactions

Thanks in part to the President's own recent tweets and public comments, the case for concluding that his revised travel ban is unconstitutional has now become overwhelming.

Corey Brettschneider

Brown University

A Lurking Threat to LGBT Rights & Religious Freedom

4/3/17  //  In-Depth Analysis

Today, the Fifth Circuit hears argument in a major case about the future of religious liberty and LGBT rights. The law under review, HB 1523, is flagrantly unconstitutional. And the result of this appeal may profoundly influence Trump's still-evolving policies.

Joshua Matz

Publisher

Sessions Changed DOJ's Longstanding Position on Voter Purges in a Key SCOTUS Case.

9/26/17  //  In-Depth Analysis

Now former DOJ officials are calling him on it.

Samuel Bagenstos

University of Michigan Law School

The Voting Rights Agenda Must Include Felon Reenfranchisement

7/10/17  //  Commentary

As disenfranchisement and voter suppression efforts are on the rise, one partial response is reenfranchisement.

Nancy Leong

Sturm College of Law

Life Comes At You Fast: The Norm Against Overt Racism Edition

8/25/17  //  Commentary

In the last two weeks, Trump bulldozed through the norm against overt racism

Helen Klein Murillo

Harvard Law School '17

Leah Litman

U.C. Irvine School of Law

A Department of Justice, But For Whom?

4/7/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division simultaneously maintains that we live in a “post-racial world” and urges the Division to take measures that will disenfranchise people of color.

Joshua Matz

Publisher

Leah Litman

U.C. Irvine School of Law

The Imperatives of Structure: The Travel Ban, the Establishment Clause, and Standing to Sue

4/3/17  //  In-Depth Analysis

In the Fourth Circuit travel ban appeal, DOJ contends that the plaintiffs lack standing. But a deeper examination of the Establishment Clause proves that the plaintiffs’ claims must be heard on the merits.

Ira C. Lupu

George Washington University Law School

Peter J. Smith

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

When Free Speech Suits the President

4/6/17  //  Commentary

A federal judge has refused to dismiss a suit alleging that President Trump incited violence against protesters at one of his campaign rallies last year. The bitter irony to Trump's defense is that it seeks to expand free speech rules; usually, he prefers to trash them.

Amanda Shanor

Yale Law School

Some Notes On The Latest “Ban”

7/31/17  //  Commentary

There are some notable similarities between the President's announcement that transgender individuals would be banned from military service, and the ban(s) on entry from several Muslim majority countries.

Leah Litman

U.C. Irvine School of Law

More Attacks on Immigrants’ Due Process Rights

6/12/17  //  Commentary

The Trump Administration’s expansion of deportation efforts has occurred alongside systematic efforts to strip people caught in the enforcement web of their right to due process.

Jennifer Chacón

U.C. Irvine School of Law

Challenging the 'Travel Ban' in the Supreme Court

9/19/17  //  In-Depth Analysis

Will the President’s own words mean nothing to the Court, even as they mean everything to millions affected by his order?

Joshua Matz

Publisher

The D.C. Circuit Breaks New Second Amendment Ground

7/27/17  //  In-Depth Analysis

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

Joseph Blocher

Duke Law School

Echoes of History in Objections to Federal Enforcement of Voting Rights

4/21/17  //  Commentary

A letter about how to fix DOJ’s Civil Rights Division has some interesting parallels to a recent voting rights dissent.

Leah Litman

U.C. Irvine School of Law

Information Wars Part I: The Challenge To The Census

4/13/17  //  Commentary

The Trump administration has enacted several policies to conceal, subvert, or manipulate information. It has retracted a proposal to add LGBTQ identification to the U.S. census and eliminated LGBTQ identification from HHS surveys. These policies and others attempt to deny the existence of a problem by disappearing the (inconvenient) facts.

Leah Litman

U.C. Irvine School of Law

Helen Klein Murillo

Harvard Law School '17

Information Wars Part IV: Doing Violence To Sensible Policy on Guns

4/19/17  //  Commentary

The Trump administration’s efforts to disguise the facts by not deigning to look for them—and discouraging others from doing so—resemble the United States’ policy on research related to gun violence and gun possession.

Leah Litman

U.C. Irvine School of Law

Helen Klein Murillo

Harvard Law School '17

Trump's DOJ Budget Puts The Money Where His Mouth Has Been

6/2/17  //  Commentary

The budget for the Civil Rights Division underscores how the administration will turn a blind eye toward many forms of discrimination while stoking anti-immigrant sentiment.

Leah Litman

U.C. Irvine School of Law

The War on Transgender Soldiers Flies in the Face of the Facts

8/7/17  //  Commentary

By Ian W. Holloway & Jody L. Herman: As the Pentagon decides how to respond to Trump’s mandate, we urge that they consider our rigorous research and the lived experiences of transgender service members and their allies.

Take Care

California v. DOJ on Immigration Enforcement

4/11/17  //  Commentary

An exchange of letters between the California Chief Justice and Attorney General Sessions offers valuable lessons for states considering immigrant protective policies that respect human rights and dignity (but might annoy the Trump Administration).

Jennifer Chacón

U.C. Irvine School of Law

Versus Trump: The Voting Wars (Interview With Marc Elias)

8/17/17  //  Commentary

On this week’s episode of Versus Trump, we have an interview about voting laws and litigation with former Hillary for America General Counsel and current voting rights superlawyer Marc Elias. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Resisting Calls for Illegal Hiring Practices at DOJ’s Civil Rights Division

4/11/17  //  Commentary

Even in these strange and trying times, we would like to think that our Attorney General will follow the law while staffing the division of DOJ charged with realizing the Constitution’s promise of a democracy that’s worth a damn—one open to all citizens, regardless of the color of their skin.

Joshua Matz

Publisher

Leah Litman

U.C. Irvine School of Law

Why Jeff Sessions’s Reversal on Private Prisons Is Dangerous

3/23/17  //  Commentary

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

Chiraag Bains

Harvard Law School

Trump's Immigration Policy & The Cross-Border Shooting Case

3/30/17  //  Commentary

President Trump's immigration enforcement policy has massively raised the stakes in Hernandez v. Mesa, where the Supreme Court is considering a cross-border shooting by a U.S. agent.

Leah Litman

U.C. Irvine School of Law

Proving Intentional Discrimination, Redux

8/30/17  //  Commentary

Insights from a recent lawsuit about Arizona’s decision to force the Tucson Unified School District to eliminate its successful Mexican American Studies program

Charlotte Garden

Seattle University School of Law

Charlottesville And The Minimization Of Racial Discrimination

8/23/17  //  Commentary

What happened in Charlottesville (along with the President's response to Charlottesville) should put to rest the idea that racism is a thing of the past.

Leah Litman

U.C. Irvine School of Law

Helen Klein Murillo

Harvard Law School '17

Making Sense of the SCOTUS Per Curiam in Arkansas SSM Birth Certificate Case

6/29/17  //  Commentary

The challenged Arkansas law most certainly violated Obergefell's call for equal access to the constellation of benefits that accompany marriage. The per curiam got it right.

Michael C. Dorf

Cornell Law School

The Federal Death Penalty Under Trump

4/27/17  //  In-Depth Analysis

President Trump and Attorney General Sessions hold exceptionally pro-death penalty views. Here's how they might seek to increase use of capital punishment at the federal level, and why any such effort likely would fail.

The Attack on American Cities

4/7/17  //  Commentary

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

Richard C. Schragger

UVA School of Law

The Transgender Ban is Facially Unconstitutional

7/26/17  //  Quick Reactions

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

Jamal Greene

Columbia Law School

A Reprieve for Texas’s Sanctuary Cities

8/31/17  //  Commentary

Cities need to be recognized as constitutional actors in their own right, worthy of protection and capable of self-determination.

Richard C. Schragger

UVA School of Law

ADA Education and Reform Act

4/18/17  //  Quick Reactions

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

Is the Trinity Lutheran Church Case Moot?

4/18/17  //  Commentary

Under President Trump, questions about the role of religion have come to the fore. The Supreme Court was set to decide a major Free Exercise issue this Term, but it now seems that the case is moot.

Marty Lederman

Georgetown Law

It Matters How and When SCOTUS Reviews the Muslim Ban

5/30/17  //  In-Depth Analysis

A detailed guide to how and when the Muslim Ban might reach the Supreme Court (and why this question really matters).

Joshua Matz

Publisher

Deep Problems with the Proposed Executive Order on Religious Freedom

5/3/17  //  In-Depth Analysis

It's rumored that tomorrow, Trump will issue an executive order on "religious freedom," singling out for protection only traditional and conservative religious views on sex, marriage, sexual orientation, gender identity, and pregnancy. That order will most certainly raise grave constitutional issues under the Establishment Clause.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Why Courts Have Probed Trump’s Motives for the Travel Ban

4/4/17  //  Commentary

Perceptions of presidential bad faith have given judges the fortitude to do what the law already demands of them, even though their actions might prompt the President to bash them by name on TV or Twitter.

Joshua Matz

Publisher

The Stakes for Civil Rights in the Funding Fight Over Sanctuary Cities

9/21/17  //  In-Depth Analysis

There's reason to be wary of the argument that Congress has to “unambiguously” state funding conditions in the text of statutes.

Leah Litman

U.C. Irvine School of Law

A Landmark Victory for LGBT Rights (And The Path Ahead)

4/5/17  //  Commentary

The en banc Seventh Circuit has held that Title VII protects against sexual orientation discrimination. SCOTUS is likely to grant review of this important issue in the near future. But it remains unclear what position the Trump Administration will take.

Joshua Matz

Publisher

Animus Revisited: DOJ Fails To Explain Change in Position on Relevance of Campaign Statements

6/23/17  //  In-Depth Analysis

DOJ can't distinguish a case from 1995 in which it took a diametrically opposed view on the relevance of campaign statements.

Jim Oleske

Lewis & Clark Law School

Those Who Do Not Know History

4/12/17  //  Commentary

On the first full day of Passover, the Trump Administration offered several lessons about institutionalized racism and ethnic cleansing.

Leah Litman

U.C. Irvine School of Law

Joshua Matz

Publisher

The Muslim Ban: Answering Tough Questions About Motive

4/21/17  //  In-Depth Analysis

The opinion by then-Justice Rehnquist in Hunter v. Underwood (1985), a case about denying the right to vote for racist reasons, offers thoughtful answers to many of the hardest questions that you might ask about motive and the Muslim Ban.

Richard Primus

University of Michigan Law School

Reinvigorating Civil Rights in the Era of Trump

4/13/17  //  Commentary

Given the nativist overtones of his campaign and his administration’s signature policies — from the Muslim ban to an immigration crackdown that equates being a foreign-born minority with criminality — Trump has exploded the fiction that we live in a post-racial society.

Chiraag Bains

Harvard Law School

Trinity Lutheran Church v. Comer: Dodging on the Playground

6/28/17  //  Commentary

The votes in this case mask very deep divisions on the Supreme Court about Religion Clause and federalism principles.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

H.J. Res. 43 As A Health Care Bill

4/5/17  //  Commentary

The Democrats have accepted the Republicans’ framing of a bill that would be used to defund Planned Parenthood. That’s a mistake.

Leah Litman

U.C. Irvine School of Law

Court Finds Discriminatory Purpose in Law Backed by Sessions DOJ

8/28/17  //  Commentary

DOJ's troubling shift on voting rights rightly failed to save a discriminatory Texas law

Motive Matters in Assessing the Travel Ban

3/20/17  //  Commentary

To the extent that Trump’s statements about the travel ban shed light on why the executive orders were issued—and they surely do—those statements are material to the constitutional analysis.

Richard Primus

University of Michigan Law School

A Different View of Why the Muslim Ban Violates the Establishment Clause

4/20/17  //  Commentary

A diverse group of leading constitutional law scholars—representing many different views about the Establishment Clause—has filed an amicus brief challenging the Muslim Ban. Here's what you need to know.

Joshua Matz

Publisher

Corey Brettschneider

Brown University

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

Desuetude and Immigration Enforcement

3/16/17  //  Commentary

It's time to force Congress back into the conversation about immigration enforcement. Here's how.

Jamal Greene

Columbia Law School

The New Contraception Rule Is Procedurally Flawed

6/1/17  //  Commentary

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

Nick Bagley

University of Michigan Law School

See You In Court 2.0

3/16/17  //  In-Depth Analysis

Last night, a federal judge in Hawaii blocked Trump's revised entry ban. Here is a detailed analysis of its decision and an assessment of what likely will happen next in that litigation.

Leah Litman

U.C. Irvine School of Law

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

5/25/17  //  Commentary

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

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

The World Is Not Made Brand New Every Morning

3/20/17  //  Commentary

Judge Kozinski thinks that we cannot account for President Trump's campaign statements in the Muslim Ban cases. That is wrong. Courts can, and should, reckon with this history in assessing whether Trump's ban comports with religious neutrality.

Jonathan Taylor

Gupta Wessler PLLC

Trump’s Approach to Crime & Punishment

3/16/17  //  Commentary

The president has continued existing policies, but also signaled a misplaced (and dangerous) reliance on immigration enforcement and incarceration to protect the public.

Chiraag Bains

Harvard Law School

Fifth Circuit Ruling Threatens LGBT Rights & Religious Freedom

7/17/17  //  In-Depth Analysis

The Fifth Circuit his reversed a preliminary injunction against HB 1523, Mississippi's unusual anti-LGBT "religious freedom" law. Its reasoning is incorrect and at odds with precedent. En banc review is warranted to establish uniformity in the law and vindicate important constitutional principles.

Joshua Matz

Publisher

Youngstown Zone Zero

3/16/17  //  Commentary

Justice Jackson's famous separation of powers framework offers no support for President Trump's entry ban. In fact, it's irrelevant.

Leah Litman

U.C. Irvine School of Law

Ian Samuel

Harvard Law School

Versus Trump: Protecting The Right To Counsel In Immigration Courts, With Glenda Aldana Madrid

6/22/17  //  Uncategorized

On a new, interview-only episode of Versus Trump, Take Care's podcast, Jason has an interview with Glenda Aldana Madrid, of the Northwest Immigrant Rights Project (NWIRP), about a case in which her organization has so far successfully blocked the Administration's attempt to curb the right to counsel in immigration courts. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Trump’s Trans Ban Isn’t 'Frozen'

8/30/17  //  Commentary

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

Eli Savit

University of Michigan Law School

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

3/29/17  //  Quick Reactions

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

Daniel Deacon

U.C. Irvine School of Law

Mitch Landrieu and the Anti-Denigration Constitution

5/25/17  //  Commentary

Mitch Landrieu’s speech defending the removal of Confederate war monuments in the heart of New Orleans is an eloquent reminder that the Constitution forbids acts that subordinate or denigrate, whether in the context of religion, LGBT rights, or racial equality.

Richard C. Schragger

UVA School of Law

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

The Administration sought an extension to negotiate over the Affordable Care Act's birth control provisions, and it hired a State Department spokesperson who has a history of anti-Muslim rhetoric.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week on Take Care, Eve Hill explained that criminal justice reform cannot succeed without accounting for disability rights.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

President Trump's proposed budget would significantly hurt people of color.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

Commentary on President Trump's response to white supremacist violence in Charlottesville continued.

The Story Thus Far: Reproductive Rights

3/16/17  //  Daily Update

The Trump Administration has already taken extraordinary steps to undermine reproductive rights. Here are some useful analyses of the story thus far.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

President Trump's appointments and judicial nominations could be an attack on reproductive rights.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

The D.C. Circuit struck down D.C.'s 'good reason' conceal and carry law.

Updates | The Week of July 17, 2017

6/25/17  //  Daily Update

President Trump's judicial nominees raise serious concerns for LGBT advocates, and AG Sessions may prove unwilling to defend LGBT rights.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

President Trump’s proclamation marking World Autism Awareness Day angered autism activists by aspiring to “cure autism."

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

The New York Times argued that the federal courts will be the last resort for LGBT progress during this Administration. Meanwhile, the Human Rights Campaign argued the Administration should stand against the Chechen human rights abuses toward gay men.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Vice President Pence cast a tie-breaking vote in the Senate on Thursday removing a procedural obstacle to repealing Obama-era Title X family planning funding. A proposed executive order aimed at religious liberty has profound constitutional infirmities.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

A fight is brewing in Congress over the reauthorization of one of the country's most significant surveillance laws.

Updates | The Week of September 11, 2017

9/17/17  //  Daily Update

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

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

New regulations may allow even private businesses to opt out of contraception coverage.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

The Department of Education revived an online resource this week to provide information on the Individuals with Disabilities Education Act, months after the old version crashed. Advocates had sharply criticized the administration for the site’s lengthy absence.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Senator Tom Cotton seeks to make Section 702 of the Foreign Intelligence Surveillance Act permanent.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

DOJ continues to support the position that websites are covered by Title III of the American Disabilities Act.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

President Trump's "alternative facts" spread to the abortion debate.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

The Legal Defense Fund filed a FOIA request seeking information on the Department of Education's policing of race- and disability-based discipline disparities in school.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

The White House met with evangelical leaders.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

The male-dominated Trump Administration has targeted women's health legislation.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

A federal district court ruled that the Supreme Court's ban on plaza demonstrations does not violate RFRA.

Updates | The Week of September 18, 2017

9/24/17  //  Daily Update

The Department of Defense issued guidance that transgender troops currently serving in the military can re-enlist; Senator McCain continues to oppose President Trump's ban on transgender service members. President Trump's judicial nominees believe LGBT rights should be rolled back.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

The Department of Commerce has excluded sexual orientation and gender identity from its 2017 Equal Employment Opportunity statement.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

The most recent version of the Republican healthcare bill, like its predecessors, threatens to "defund" Planned Parenthood.

Updates | The Week of September 4, 2017

9/10/17  //  Daily Update

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

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

The FCC repealed broadband privacy regulations, but Orin Kerr notes that the Wiretap Act provides a substantial check on privacy incursions by broadband providers. In response to "extreme vetting," Members of Congress introduced legislation banning warrantless cellphone searches at the border.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

As part of their Information Wars Series, Leah Litman and Helen Klein Murillo argue that the Administration is pursuing a dangerous "don't investigate-so-you-can-deny" policy with gun violence research.

The Story Thus Far: Privacy & Surveillance

3/16/17  //  Daily Update

Since Trump's election, the privacy rights of foreigners (and in some cases of U.S. citizens) have grown still more precarious. Here are some useful analyses of the story thus far.

Updates | The Week of August 7, 2017

8/13/17  //  Daily Update

The Trump Administration's proposed ban on transgender military service is not supported by science, and has drawn legal challenges from LGBTQ rights groups and service members.

Updates | Week of March 20, 2017

3/26/17  //  Daily Update

RIchard Thompson Ford argued that President Trump's command that female employees "dress like women" is unworthy of the Presidency, while President Trump's budget blueprint may signal drastic cuts to programs under the Violence Against Women Act.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

On Monday, a federal judge in Texas found discriminatory purpose behind the Texas Voter ID law. On Take Care, Joshua Matz and Leah Litman argued that the Trump Administration's plans for the Department of Justice's Civil Rights Division raise grave concerns. Nikolas Bowie explained that the internal review of the Civil Rights Division's consent decrees threatens its value as an unbiased source. Danielle Lang noted that courts are still rooting out racial discrimination behind state laws relating to districting and voter identification, despite a shift by the Department of Justice.

Updates | Week of March 20, 2017

3/26/17  //  Daily Update

Top law enforcement officials missed key issues about incidental surveillance of Americans. Incognito messaging by federal employees may raise legal questions.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

The American Health Care Act is particularly harmful for people with disabilities.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

This week Leah Litman analyzed the constitutional arguments against H.J. Res. 43, the bill that would allow states to deny federal grants to women's health care programs. Leah also commented on Vice President Pence's dining policy, and its potential ramifications for reproductive justice and anti-discrimination.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, President Trump signed into law a bill that allows states to deny funding to Title X clinics. Leah Litman analyzed possible legal challenges to the bill on Take Care.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

The DOJ filed an amicus brief in the Second Circuit arguing that Title VII does not prohibit discrimination on the basis of sexual orientation. Commentary continued on President Trump's transgender military service ban.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

Federal courts ruled this week that transgender rights are protected under Title IX and under the Americans with Disabilities Act. Meanwhile, President Trump remained silent on the violence targeted at gay men in Chechnya, even as the new French president spoke out strongly in meetings and a news conference with Vladimir Putin.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of October 2, 2017

10/8/17  //  Daily Update

Calls for stricter gun regulations followed the devastating mass shooting in Las Vegas, while the White House said it was too soon to discuss such measures.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

Critics of anti-discrimination laws regarding public accommodations misunderstand the overarching purpose of those laws. Further, the decision not to collect LGBT census data could be a missed opportunity for improving the lives of LGBT Americans.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

The recent law allowing states to pull funding from organizations such as Planned Parenthood will particularly hurt undocumented women. And the march for science represents a march for reproductive justice against unscientific TRAP laws and crisis pregnancy centers.

The Draft Religious Liberty EO

3/27/17  //  Daily Update

A leaked draft of the Administration's proposed executive order on religious liberty.

Take Care

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

The violence in Charlottesville raises questions about the First Amendment and domestic terrorism. The President's responses drew sharp and widespread criticism from public officials and corporate leaders.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

"Big data" may already provide the necessary technology to create a Muslim registry covertly.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

President Trump released a new religious freedom executive order to widespread criticism and concern.

Take Care

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

Analysts argue that President Trump’s executive order on religious liberty advances his discriminatory agenda.President Trump’s executive order on religious liberty advances his discriminatory agenda.

Updates | The Week of July 10, 2017

7/16/17  //  Daily Update

Commentary continued on the call by several former Surgeon Generals to ban involuntary surgery on intersex children.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

A group calling itself the Shadow Brokers dumped a cache of stolen NSA hacking tools on Saturday, a leak Grayson Clary found rather underwhelming.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Secretary of Education Betsy Devos refuses to answer whether her department will refuse federal funding to private schools that discriminate against LGBT students.

The Story Thus Far: Disability Rights

3/16/17  //  Daily Update

The Trump Administration's education and healthcare policies may undermine disability rights in key respects. Here are some useful analyses of the story thus far.

Updates | The Week of August 14, 2017

8/20/17  //  Daily Update

The Pentagon has not yet banned transgender service members in the military. There is now a Circuit split on the issue of whether Title VII covers discrimination on the basis of sexual orientation.

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

A potential executive order addressing religious freedom has surfaced, and Ira Lupu and Robert Tuttle argue that it has profound constitutional infirmities. President Trump's appointment of Roger Servino within the Department of Health and Human Services has drawn criticism from LGBTQ groups.

Updates | The Week of July 3, 2017

7/9/17  //  Daily Update

President Trump’s nominee to head the Civil Rights Division of DOJ has come under criticism for his record on LGBT rights and defense of workplace discrimination policies.

Updates | The Week of May 8, 2017

5/14/17  //  Daily Update

President Trump’s statements questioning the constitutionality of providing federal funding to historically black colleges and universities could seriously threaten these institutions.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

There was much analysis of the Administration's proposed rule on contraceptive coverage after the full document was made public.

Updates | The Week of April 24, 2017

4/30/17  //  Daily Update

The nominee for Army Secretary has a strong anti-LGBTQ track record, and President Trump has targeted national monuments, including the Stonewall Inn.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

Attorney General Jeff Sessions ordered a nationwide review of consent decrees implemented to curb civil rights abuses. Chiraag Bains offered analysis of the Department of Justice's request to delay a hearing on a consent decree regarding the Baltimore police force.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

Lambda Legal is suing the Trump administration to release documents related to the reversal of the administrative guidance that permits transgender students to use the bathroom corresponding with their gender identity.

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

Jessica Mason Pieklo of Rewire argues that the Administration's actions have not ended litigation challenging the ACA's birth control benefit.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

The Trump administration proposed a rule that would undermine the Affordable Care Act’s birth control benefit. Meanwhile, an advocate argued against framing abortion as an economic issue.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

Joshua Matz offered analysis of a Mississippi "religious freedom" law on Take Care, while a DoJ memorandum "gives new emphasis to combating religious hate crimes."

Updates | The Week of June 12, 2017

6/18/17  //  Daily Update

The National Women's Law Center sues the Department of Education for failing to provide information on its enforcement of sexual-harassment complaints.

Updates | The Week of April 17, 2017

4/23/17  //  Daily Update

Eve Hill, on Take Care, argued that the Administration's focus on privatizing public education threatens the rights of students with disabilities and the ADA Education Reform Act will thwart compliance with the ADA.

Updates | The Week of July 31, 2017

8/6/17  //  Daily Update

The DOJ signaled its intention to initiate investigations targeting affirmative action programs.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

The Seventh Circuit broadened workplace rights for LGBT employees in an en banc decision. Take Care featured analysis from Joshua Matz. President Trump's proposed budget would cut tens of millions of dollars in HIV research and prevention.

Updates | The Week of April 3, 2017

4/9/17  //  Daily Update

This week on Take Care, Leah Litman offered analysis of H.J. Res. 43, the bill that would allow states to deny federal grants to women's health care programs. Other commentators looked to the future of reproductive freedom under the Trump administration.

Updates | The Week of March 20, 2017

3/26/17  //  Daily Update

This week, commentators debated the constitutional basis for a federal concealed carry reciprocity mandate.

Updates | Week of March 20, 2017

3/21/17  //  Daily Update

The Trump Administration has made a damaging turnabout on gay rights, and LGBT communities fear an absence of hate crime prosecutions under Attorney General Jeff Sessions.

Updates | The Week of August 21, 2017

8/24/17  //  Daily Update

Commentators argued that Education Secretary Betsy DeVos’s campaign to roll back Title IX reforms is built on a campaign of misinformation.

Updates | The Week of June 5, 2017

6/11/17  //  Daily Update

Disability advocates rallied across the country to protest the Administration's proposed budget cuts to Medicaid.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, President Trump signed into law a bill that allows states to deny funding to Title X clinics. Leah Litman offered analysis of possible legal challenges to the bill on Take Care.

Updates | The Week of July 17, 2017

6/25/17  //  Daily Update

The ACLU alleges the Trump Administration's plans to expand religious freedom may amount to a license to discriminate.

Updates | The Week of September 18, 2017

9/24/17  //  Daily Update

The Trump administration continues to push for increased voter restrictions that restrict minorities' ability to vote. The argument that Congress has to “unambiguously” state funding conditions in the text of statutes could threaten protections imposed by regulation under Titles VI and IX.

Updates | The Week of June 19, 2017

6/25/17  //  Daily Update

Disability advocates turn their attention to fighting the American Healthcare Act.

Updates | The Week of May 29, 2017

6/4/17  //  Daily Update

Multiple race- and religion-related hate incidents this week highlight the sharp rise of hate in the Trump era.

Helen Klein Murillo

Harvard Law School '17

Updates | The Week of March 27, 2017

4/2/17  //  Daily Update

Congress passed legislation allowing internet service providers to market customers' browsing history to third parties. In a rare en banc session, the Foreign Intelligence Surveillance Court will consider the ACLU's claim that it has standing to assert a First Amendment right to see FISC decisions upholding the government's bulk data collection program.

Updates | The Week of April 10, 2017

4/16/17  //  Daily Update

This week, President Trump prompted outrage with his appointment of two men with a history of discriminatory statements against LGBT people.

Updates | The Week of May 1, 2017

5/7/17  //  Daily Update

The administration's newest executive order and the decision to roll back Affordable Care Act regulations may increase LGBT discrimination.

Take Care