10/15/19  //  In-Depth Analysis

In Hernandez v. Mesa, the Supreme Court should hold that victims of cross-border shootings have a cause of action to seek damages against law enforcement officers who violate the Constitution

10/11/19  //  Commentary

Even if an employer were to impose a purportedly neutral rule that he did not hire people attracted to the same sex, in practice, that rule would impose two discriminatory sex-based rules

10/7/19  //  Commentary

Permitting employers to discriminate against LGBT employees would open to the door to the same kind of discrimination against millions of Americans of faith

10/4/19  //  In-Depth Analysis

June Medical Services v. Gee involves a Louisiana law that would require abortion providers to obtain admitting privileges at a hospital within 30 miles of where they perform abortions. SCOTUS has granted review of the constitutionality of that law.

10/2/19  //  In-Depth Analysis

While June Medical does not ask the Court to overturn Roe v. Wade or Planned Parenthood v. Casey, the practical effect of the state’s positions would allow states to regulate abortion out of existence

9/27/19  //  In-Depth Analysis

Pavan and June Medical Services are both examples of lower courts bending over backwards to avoid the clear command of Supreme Court precedent. Both merit the same treatment from the Supreme Court – summary reversal.

9/24/19  //  In-Depth Analysis

What is clear in June Medical Services v. Gee, as with the other antiabortion measures making their way through the courts, is that these targeted regulations of abortion providers have nothing to do with protecting women or their health

9/23/19  //  In-Depth Analysis

Antiabortion lawyers think that they can turn a fact and evidence-based legal standard into an argument against stare decisis, which would advance their ultimate goal of overturning Roe. In June Medical, it is time for the justices to prove them wrong.

9/19/19  //  In-Depth Analysis

By David Strauss: Ideological lower court judges have challenged the Supreme Court by defying its precedent. There is one way for the Court to keep from being put in this position time and again. It should summarily reverse, making clear that only the Court will decide when its own precedent is no longer good law.

9/17/19  //  In-Depth Analysis

In recent months, commentators and the justices themselves have raised concerns about declining public confidence in the judiciary. But confidence has to be earned. Enforcing the law and summarily reversing the Fifth Circuit is an essential first step.

9/16/19  //  In-Depth Analysis

June Medical Services v. Gee is the Supreme Court’s next opportunity to weigh in on women’s constitutional right to decide to end their pregnancies.

9/12/19  //  Commentary

On this week's episode of Versus Trump, Charlie and guest-host Alexandra Brodsky discuss a recent opinion invalidating the FBI's terrorism watch-list. They discuss the implications of the opinion for the Trump administration (and beyond), the merits (and demerits) of the court's reasoning, and all sorts of other cool stuff, including how annoying it is when people think they're important enough to be spied on by the FBI. Listen now!

9/6/19  //  In-Depth Analysis

The zone of interests test shouldn't apply to constitutional claims seeking injunctive relief. But even if it does apply, it doesn't prevent federal defenders from challenging arbitrary limits on attorney access under the Sixth Amendment.

9/4/19  //  Commentary

Various jurisdictions that have banned large-capacity magazines define large-capacity differently. So how many bullets are enough under the Second Amendment?

8/19/19  //  Commentary

Today, the Department of Housing and Urban Development (HUD) published a proposed rule that would substantially limit enforcement of the 1968 Fair Housing Act. This rule is deeply flawed.