An Absolute Right to Discriminate
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.
The DACA Decision is Trouble for Discrimination Law
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.
Versus Trump: Easha's Back, To Talk Qualified Immunity and Police Reform
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!
The Fight for Contraceptive Coverage Rages in the Time of COVID-19
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.
No, Mike Pompeo, America Was Not Founded As A Christian Nation
By embracing Christian nationalist rhetoric, Secretary of State Pompeo ignores America’s secular constitutional tradition—and undermines the United States’ ability and credibility to promote human rights, pluralism, and the rule of law around the globe.
Versus Trump: Wisconsin Republicans Versus Elections
On this week’s Versus Trump, Jason and Charlie discuss last week's election in Wisconsin, include two rulings—one by the Wisconsin Supreme Court and one by the U.S. Supreme Court—that don't hold up very well in light of what occurred. Listen now!
June Medical Symposium: The History Behind Third Party Standing Arguments
In the third post in our Symposium on June Medical, Professor Mary Ziegler links Louisiana's argument that doctors lack standing to litigate cases related to abortion with a broader shift in litigation tactics by those opposed to abortion. And she wonders whether a reversal of precedent on standing doctrine could lead inevitably to the end of Casey and Roe.