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.

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.

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!

9/17/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie discuss two new legal filings by the Trump DOJ that blur the line between the President as government official and the President as private citizen. In the first case, the government argues that the President's twitter feed is not an official public forum, so he can block people with whom he disagrees. In the second, the government argues that the President's denials that he sexually assaulted E. Jean Carroll were made in his official capacity as President. Listen now!

8/26/20  //  Commentary

The Nineteenth Amendment helped cement the idea that the right to vote is a fundamental right inherent in citizenship

8/20/20  //  In-Depth Analysis

Especially in light of President Trump’s recent attacks on mail-in voting and the United States Postal Service, Section 2 should be revised to prohibit racial discrimination in voting by the federal government.

7/20/20  //  In-Depth Analysis

The Supreme Court majority's expanding concept of complicity is likely to result in judges acting inconsistently, accommodating sympathetic religious claimants and denying relief to those who are not

7/8/20  //  Commentary

Thousands upon thousands of schoolteachers at religious schools – teachers who are mostly women – have been stripped of protection against anti-discrimination laws. Once again, religious rights trump women’s right to equality.

7/8/20  //  Commentary

Despite legitimate controversy over the application of the ministerial exception, Morrissey-Berru is a reassuring nod toward the continuity of a principle long rooted in the American tradition of church-state separation.

7/1/20  //  In-Depth Analysis

Those who still believe that the Constitution precludes state involvement in promoting religious thought and experience now have some work cut out for them

6/30/20  //  Quick Reactions

The Court’s decision in Espinoza is similar to the trajectory of the law of racial discrimination in some respects, it also offers a striking contrast in others

6/24/20  //  Commentary

The Dreamers’ victory has been celebrated as a sign that the Court is above partisanship and willing to serve as a check on executive branch abuses. But the price of that victory was a defeat for the Constitution’s guarantee of equal protection.

6/21/20  //  Commentary

On this week’s Versus Trump, Easha Anand makes her triumphant return to talk qualified immunity and police reform. The trio talk about the proposal to reform qualified immunity and debate whether that will do much. They then break down other new legal innovations in the various proposals and ask: is it enough to create new grounds for people to sue? Or are other reforms more important? Listen now!

6/16/20  //  Commentary

Following the Supreme Court's decision in Bostock, it's worth asking: Why has the law been so successful at improving the lives of gay people but much less successful at improving the lives of people of color?

5/6/20  //  Commentary

Even the Supreme Court has been required to take unprecedented steps by closing the building, postponing argument dates, and converting to telephonic hearings. Those impacts should be reflected in all aspects of the Court’s work, including the decisions it renders for the remainder of this term.