10/11/19  //  Commentary

Even if an employer were to impose a purportedly neutral rule that he did not hire people attracted to the same sex, in practice, that rule would impose two discriminatory sex-based rules

7/12/19  //  Commentary

The decision is a victory for free speech, an important signal to government officials in the social media era, and a refreshing holding that the President is not above constitutional constraint

2/21/19  //  Commentary

Some argue that both anti-BDS and public accommodations laws protect against discrimination, and so the First Amendment should treat them the same. But the laws are nothing alike.

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.

6/19/18  //  In-Depth Analysis

The Constitution gives the president broad powers to pardon people and direct Justice Department investigations — but it does not give him the power to undermine the democratic safeguards enshrined there.

6/5/18  //  Quick Reactions

In some cases, the public perception of a case — not its actual holding — is what is most important.