Joshua Matz


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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Legitimacy and the Supreme Court

6/19/19  //  Commentary

It is illegitimate to consider legitimacy. So say many conservatives who seem terrified that Chief Justice John G. Roberts Jr. might care about public perception of the U.S. Supreme Court. But they are wrong.

Stephen Vladeck

University of Texas

Leah Litman

U.C. Irvine School of Law

Joshua Matz


A Landmark (But Qualified) Victory for Transgender Rights

6/14/19  //  Quick Reactions

The Ninth Circuit's decision regarding the 'trans ban' has broad implications and marks a vital development in protecting transgender rights under the U.S. Constitution.

Joshua Matz


Trump Cannot Appeal an Impeachment Judgment to SCOTUS

4/24/19  //  In-Depth Analysis

In this excerpt from our book, we explain why the Framers decided against assigning the Supreme Court a role in adjudicating impeachments

Joshua Matz


Laurence H. Tribe

Harvard Law School

Why SCOTUS Must Hear the Census Case on the Merits

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.

Joshua Matz


Trump's Unyielding Religious Exemptions from the Contraceptive Coverage Requirement Are Unconstitutional

3/26/19  //  In-Depth Analysis

The administration has issued a religious exemption rule that collides with the Establishment Clause

Joshua Matz


Masterpiece Cakeshop & Proof of Religious Hostility in Civil Rights Enforcement

3/14/19  //  In-Depth Analysis

The Supreme Court's decision in Masterpiece Cakeshop offers no warrant for a rampant free exercise exceptionalism, in which the normal rules of constitutional law are suspended or inverted

Joshua Matz