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

Publisher

Versus Trump: California X Trump

3/7/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss a new lawsuit from California challenging new regulations regarding Title X, an important federal family planning program. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Against Establishment Clause Concession

2/28/19  //  In-Depth Analysis

There are reasons to worry about whether certain liberal justices on the Supreme Court fully appreciate that we are at an inflection point in the history of the Religion Clause

Nelson Tebbe

Brooklyn Law School

Micah Schwartzman

University of Virginia School of Law

Wither the Establishment Clause: The Bladensburg Cross Case

2/24/19  //  In-Depth Analysis

The Bladensburg Cross case has our country on the verge of abandonment of longstanding and hard won principles about the secular character of American government. SCOTUS can and should step back from the brink.

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

CVE Is A Flawed and Ineffective Program, And More Evaluation Won’t Fix It

2/22/19  //  Commentary

By Nabihah Maqbool and Sirine Shebaya: There are major problems with the Countering Violent Extremism program. Trump has only made the program worse. It should be winded down for good.

Take Care

The Supreme Court May Not Save the President This Time

2/21/19  //  Commentary

Trump has suggested that SCOTUS will save his national emergency gambit, just like it saved his Muslim Ban. But there are major problems with that analogy.

Brianne J. Gorod

Constitutional Accountability Center

A Lone Star Bail-in?

2/14/19  //  Commentary

Key takeaways from the briefs in the ongoing litigation to "bail-in" Texas under Section 3(c) of the Voting Rights Act

Travis Crum

University of Chicago

Chief Justice John Roberts’ Next Move Will Tell Us A Lot

2/13/19  //  Commentary

While Roberts deserves some praise for his vote last week, the story of this Louisiana law is far from over. And what Roberts does next will tell us a lot—about him and the trajectory of the Court he leads.

Brianne J. Gorod

Constitutional Accountability Center

The Significance of Chief Justice Roberts Joining in the Stay of the Louisiana Abortion Law

2/8/19  //  Quick Reactions

So no, the abortion right is not safe. But it's not in quite as much immediate danger as one might have thought. And that's not nothing.

Michael C. Dorf

Cornell Law School

The Civil Rights Division Bails Out of Bail-In in Texas

2/8/19  //  In-Depth Analysis

Career attorneys at DOJ rightly refused to sign a deeply flawed brief arguing that Texas should be let off the hook for its repeated intentional efforts to minimize the voting power of its minority population

Justin Levitt

Loyola Law School

Originalism, Fauxriginalism, and Embracing the Constitution

2/7/19  //  Commentary

The words of the Constitution—along with the history and values that shed light upon the meaning of ambiguous parts of the text—are progressive at their core

Versus Trump: Ask Charlie About The Census

1/25/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Jason asks Charlie to take us through the mammothly long, massively important opinion from the Southern District of New York invalidating the proposed citizenship question on the 2020 Census. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Versus Trump: Secret Subpoenas, A New AG, and Live Listener Feedback

1/17/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha hit three topics: the mysterious case of the subpoena to a foreign corporation that may be related to the Mueller investigation; the nomination of William Barr as Attorney General; and the temporal nature of an emergency, as prompted by live listener feedback. Listen now!

Charlie Gerstein

Civil Rights Corps

Easha Anand

San Francisco

Jason Harrow

Equal Citizens

Versus Trump: Contraception Mandate, Round Infinity

1/3/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha comment on several cases addressing whether the Trump Administration may legally expand the number of employers who do not need to provide insurance that includes coverage for contraception. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Towards an Inclusive Democracy: Next Steps

12/18/18  //  In-Depth Analysis

We asked 10 experts from a variety of disciplines to help us think through strategies for building a stable and inclusive democracy in the face of demographic change. Here’s what we learned.

Take Care