Displaying Gender on ID—Admin Law Solutions for Con Law Problems

2/25/21  //  Commentary

By Harper Jean Tobin: In an age of photo ID and other biometrics, a sex designation is far from essential for identification purposes. It’s about the furthest thing from a unique identifier, and requires dubious judgments about what a man or woman should look like.

Harper Jean Tobin

National Center for Transgender Equality

Washington D.C.’s Second-Class Status is a Stain on Our Democracy

2/25/21  //  Commentary

Our Constitution establishes an inclusive multiracial democracy based on the equal worth and dignity of all Americans. Denying the people of Washington, D.C. a voice or representation in Congress does violence to these fundamental constitutional principles.

Covid at the Court: South Bay United Pentecostal

2/6/21  //  Quick Reactions

South Bay United Pentecostal Church confirms that the Supreme Court is on a path to abandon Employment Division v. Smith.

Leah Litman

Michigan Law School

Versus Trump: The End...Or The Beginning?

1/23/21  //  Commentary

Well, this is it for Versus Trump, folks. Trump ain't President anymore! He doesn't even have a twitter account. What a way to end. Charlie and Jason bring back Easha to discuss the short and long term impact of January insurrection. They then reflect on the big picture. After all, we've been podcasting about legal cases involving Trump for almost four years. What in the world happened? Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Versus Trump: The Aftermath + Interview with Joshua Matz

1/11/21  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the madness of last week and what might happen next for impeachment, cirminal charges against Trump, and more. They are then joined by Take Care publisher Joshua Matz to discuss his views on impeachment and Trump's legal legacy. Listen now!

Charlie Gerstein

Civil Rights Corps

Versus Trump: The Electoral College Votes

12/26/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the vote of the Electoral College and the Supreme Court's unanimous rejection of Texas's longshot bid to overturn the result of the election. Happy holidays!

Charlie Gerstein

Civil Rights Corps

Versus Trump: Going to Church In Times of COVID

12/7/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the recent Supreme Court decisions requiring states to allow in-person religious services even while other gatherings can be banned. The pair gently disagree about how hard or easy these cases are. Listen now!

Charlie Gerstein

Civil Rights Corps

Trump Judges Strike Down Bans on Conversion Therapy

11/25/20  //  In-Depth Analysis

The 11th Circuit held that laws banning conversion therapy — a brutal practice that significantly increases depression and suicide among LGBTQ youth — violate speech rights. The decision signals how Trump-appointed judges could weaponize the First Amendment to roll back civil rights.

Take Care

Versus Trump: Legal Update + The GSA Travesty

11/17/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the status of Trump's legal challenges to the election (going nowhere) and the Trump Administration's dangerous and illegal refusal to designate Biden as the President-elect and therefore give his team resources for a smooth transition. Listen now!

Charlie Gerstein

Civil Rights Corps

Trump's Lawyers Should Be Sanctioned

11/11/20  //  Commentary

Lawyers who bring cases without evidence solely to harass or delay should be sanctioned. It's what Justice Scalia would have wanted.

Versus Trump: Legal Challenges, Plus The Post Office Case

11/8/20  //  Commentary

On this week's Versus Trump, Charlie and Jason discuss the (frivolous) legal challenges to come. They are then joined by Public Citizen's Matthew Seligman to learn what happened with all those last-minute ballots, and what might happen in ongoing litigation in the Supreme Court.

Charlie Gerstein

Civil Rights Corps

It's Over. What's Next? Just Recounts, Shenanigans, and Hail Marys

11/6/20  //  Commentary

I catalog the legal attacks to come from the Trump team. None of his strategies have any chance of changing the outcome.

Legal Scholars on the Importance of Counting Every Vote

11/6/20  //  Commentary

We have every confidence in state election officials to finish counting all of our votes as best they know how—and we encourage all of our fellow citizens to wait until they have done so before jumping to conclusions.

Take Care

The Affordable Care Act Does Not Have An Inseverability Clause

11/5/20  //  In-Depth Analysis

Contrary to challengers’ claim, Congress nowhere directed the Supreme Court to strike down the entire ACA if the individual mandate is invalidated. Congress knows how to write an inseverability directive, and didn’t do it here. That, combined with Congress’s clear actions leaving the ACA intact and the settled, strong presumption in favor of severability, make this an easy case for a Court that is proud of its textualism.

Abbe R. Gluck

Yale Law School

How Nervous Should You Be About Election Day?

11/2/20  //  Commentary

I'm pretty nervous. But there’s also no reason to think that the rule of law has been entirely eroded in America in 2020. So far, the center has held.