Recent | Take Care

Title VII Bans Discrimination Based on Sexual Orientation

This conclusion follows directly from the statutory text and a brief glance at some dictionaries. Judges who have concluded otherwise based their analysis on faulty premises.

Joshua Matz

Objections to Protecting Transgender People Under Title VII Are Meritless

7/10/19 // Commentary

In this post, I address three of the most frequent objections to holding that Title VII prohibits discrimination based on transgender status

Joshua Matz

Two Reasons Why Title VII Bans Discrimination Based on Transgender Status

7/9/19 // Commentary

Discriminating against an employee because they are transgender violates Title VII in two distinct respects

Joshua Matz

The Plain Meaning of Title VII

7/8/19 // Commentary

According to Justice Kagan, we're all textualists now. What exactly does that mean as we interpret Title VII's ban on discrimination 'because of such individual's . . . sex'?

Joshua Matz

Versus Trump: Is There A New Title X In Town?

7/4/19 // Commentary

This week on Versus Trump, Jason and Charlie are joined by guest host Alexandra Brodsky to discuss the Ninth's Circuit's recent decision that let go into effect major new regulations for the primary federal program dealing with family planning and women's health—a program known as Title X. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

Pretext and Remedy in the Census Case and Beyond

7/2/19 // Commentary

There really is nothing the administration can now do that ought to lead to approval of the citizenship question

Michael C. Dorf

Cornell Law School

Constitutional Blindspot: How The Roberts Court Is Betraying Our Democracy

7/1/19 // Commentary

The Roberts Court has a constitutional blindspot. It consistently ignores the many parts of the Constitution that help preserve and protect a vibrant democracy open to all.

David Gans

CAC

Rucho and Section 2 of the Voting Rights Act

6/27/19 // Quick Reactions

The Court’s decision in Rucho will have profound and disastrous implications for the 2020 redistricting cycle and beyond. But it may also foreshadow the endgame for Section 2

Travis Crum

Washington University in St. Louis

The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards

6/24/19 // In-Depth Analysis

The Court has adopted unreflectively the perspective of Christians in a political majority, without regard to the perspective of others

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

There Goes Title X: Title X is Contraception, Folks

6/22/19 // Commentary

By Priscilla J. Smith: Conservatives are hiding behind the abortion debate to attack contraceptive access and getting away with it

Take Care

Versus Trump: A Ninth Circuit Compromise

6/20/19 // Commentary

This week on Versus Trump, Jason and Charlie discuss the Ninth's Circuit's recent somewhat cryptic, compromise decision regarding the ban on service by transgender individuals in the military. Listen now!

Jason Harrow

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

A Landmark (But Qualified) Victory for Transgender Rights

6/14/19 // Quick Reactions

The Ninth Circuit's decision regarding the 'trans ban' has broad implications and marks a vital development in protecting transgender rights under the U.S. Constitution.

Joshua Matz

Abortion, Equal Protection, and the ERA—Courts Then and Now

6/11/19 // In-Depth Analysis

A half century ago women and men challenging abortion restrictions were creative in making claims on the Constitution, taking to the streets, to the legislatures, and to the courts. In their audacity and creativity, we can find our future.

Reva Siegel

Yale Law School

Melissa Murray

NYU Law School

Kate Shaw

Cardozo Law

UCI Commencement Speech

6/10/19 // Quick Reactions

My remarks at the UCI Law commencement.

Leah Litman

Michigan Law School

Toward an Expansive Conception of Reproductive Rights and Justice

6/5/19 // In-Depth Analysis

The responses to our edited volume promise continuing conflict over questions of reproductive justice in federal and state courts—but also highlight new arenas of action in politics, science, and religion

Reva Siegel

Yale Law School

Kate Shaw

Cardozo Law

Melissa Murray

NYU Law School