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

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 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

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

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

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

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

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

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

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

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


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

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

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

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