Contributors

Joshua Matz

Publisher

Joshua Matz is the Publisher of Take Care. He is also Counsel at Kaplan Hecker & Fink LLP and an Adjunct Professor of Law at Georgetown Law School.  Joshua's specialties include appellate litigation, constitutional law, and the law of presidential impeachment.

Joshua entered private practice after serving as a law clerk to Justice Anthony Kennedy of the U.S. Supreme Court (2014-15). Previously, Joshua clerked for Judge Stephen Reinhardt of the Ninth Circuit Court of Appeals (2013-14), and for Judge J. Paul Oetken of the Southern District of New York (2012-13).  

In 2014, Joshua and Larry Tribe co-authored an award-winning book entitled Uncertain Justice: The Roberts Court and the Constitution. This followed several co-authored articles on LGBT rights, including "The Constitutional Inevitability of Same-Sex Marriage," 71 Md. L. Rev. 471 (2012).  In 2018, Joshua and Professor Tribe published their second book together, To End a Presidency: The Power of Impeachment. The Economist proclaimed this book "the definitive treatment of a vital subject." 

Joshua has elsewhere written about a wide range of legal issues. His articles have appeared in The Wall Street JournalThe Washington Post, The Harvard Law Review ForumThe Guardian, The Atlantic, USA TodayACS Blog, and WiredIn April 2017, he delivered a talk at Harvard Law School about "The Legal Resistance to Trump." He has since participated in events at the 92nd Street Y (here), the National Constitution Center (here), and Politics and Prose (here). In August 2018, he debated Alan Dershowitz regarding the nature of impeachable offenses (here).

Joshua maintains an active constitutional litigation practice. His recent matters have addressed LGBTQ rights, religious liberty, freedom of speech, privacy rights, the scope of permissible firearm regulation under the Second Amendment, the Appointments Clause, the separation of powers, and the rights of prisoners and pre-trial detainees.

Some of Joshua's ongoing matters include:

  • Representing defendants against defamation lawsuits filed as retaliation for #MeToo statements and protected political speech
  • Representing plaintiffs in a challenge to President Trump’s violation of the Emoluments Clauses
  • Representing Philadelphia against a First Amendment challenge to the City’s contractual non-discrimination requirements for foster care providers
  • Representing victims of the Charlottesville attacks in a civil rights lawsuit against white supremacists who conspired to engage in racially-motivated violence
  • Representing victims of consumer fraud in a class action RICO case against President Trump, his family, and his business

On behalf of leading scholars and civil rights groups, Joshua has filed amicus briefs in cases regarding the exclusion of transgender persons from the military, the addition of a citizenship question to the census, the imposition of broad religious exemptions from the ACA’s contraceptive coverage requirement, state policies denying Medicaid coverage for gender-affirming surgeries, and the denial of service to same-sex couples based on religious objections. In 2018, Joshua represented a student-led LGBT Pride organization in Starkville, Mississippi, in a successful challenge to the city’s denial of a parade permit.

Joshua holds a BA from the University of Pennsylvania and an MSt from Oxford University. He graduated magna cum laude from Harvard Law School, where he served as Articles & Book Reviews Chair of the Harvard Law Review and president of the American Constitution Society. From 2011 to 2012, Joshua wrote news round-ups for SCOTUSblog. He spent summer internships at the Innocence Project, the Federal Defender of New York, Public Citizen Litigation Group, and Neufeld Scheck & Brustin. Forbes named Joshua to its “30 under 30” Law & Policy List for 2014, and in 2016 named him an “Alumni All-Star” of past Law & Policy honorees. 

 

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The House Has Already Opened an Impeachment Investigation Against Trump

7/26/19  //  Commentary

The Constitution’s text and structure — supported by judicial precedent and prior practice — show that impeachment is a process, not a single vote

Joshua Matz

Publisher

Title VII Bans Discrimination Based on Sexual Orientation

7/11/19  //  Commentary

This conclusion follows directly from the statutory text and a brief glance at some dictionaries. Judges who have concluded otherwise based their analysis on faulty premises.

Joshua Matz

Publisher

Objections to Protecting Transgender People Under Title VII Are Meritless

7/10/19  //  Commentary

In this post, I address three of the most frequent objections to holding that Title VII prohibits discrimination based on transgender status

Joshua Matz

Publisher

Two Reasons Why Title VII Bans Discrimination Based on Transgender Status

7/9/19  //  Commentary

Discriminating against an employee because they are transgender violates Title VII in two distinct respects

Joshua Matz

Publisher

The Plain Meaning of Title VII

7/8/19  //  Commentary

According to Justice Kagan, we're all textualists now. What exactly does that mean as we interpret Title VII's ban on discrimination 'because of such individual's . . . sex'?

Joshua Matz

Publisher

Thoughts on the Chief's Strategy in the Census Case

7/1/19  //  Commentary

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

Joshua Matz

Publisher