President Trump, Your Words Do Matter (And Should Doom Your Muslim Ban)

6/21/18  //  In-Depth Analysis

Sirine Shebaya and Johnathan Smith: Trump has never been bashful about his anti-Muslim animus. And he has invoked that animus in creating policies, in defiance of the Constitution.

Take Care

We’ve Been (Unconstitutionally) Separating Children From Their Immigrant Parents For A While Now

6/20/18  //  In-Depth Analysis

By Carolyn Shapiro & Joanna Martin: Separating parents from their children without regard for the children’s rights and interests is unconstitutional

Take Care

Justice Gorsuch, Kippahs, and False Analogies in Masterpiece Cakeshop

6/19/18  //  In-Depth Analysis

The Court’s newest member embraces a troubling “both sides” argument

Jim Oleske

Lewis & Clark Law School

That Bible Parable About The Plague of Tort Attorneys Who Sued The Border Patrol, ICE Officers, and DHS Bureaucrats

6/19/18  //  Commentary

Calling all the ambulance chasers to address this administration's mistreatment of migrants.

Kari Hong

Boston College Law School

Preliminary Thoughts on the Summary Judgment Motions in the Harvard Affirmative Action Lawsuit

6/18/18  //  In-Depth Analysis

The plaintiff is attempting to link two practices that need not be coupled. One is discrimination against Asian Americans. The other is affirmative action.

Nancy Leong

Sturm College of Law

Masterpiece Cakeshop and Protecting Both Sides

6/15/18  //  In-Depth Analysis

By Thomas C. Berg & Douglas Laycock: The classic American response to deep conflicts like that between gay rights and traditional religious faith is to protect the liberty of both sides

Take Care

Originalist Critiques of Anti-Originalism: Still Don’t Know About History

6/14/18  //  In-Depth Analysis

By Saul Cornell: Although originalists invoke the authority of history, their method is profoundly ahistorical.

Take Care

What About the Free Speech Clause Issue in Masterpiece?

6/13/18  //  Commentary

Robert Post of Yale Law considers the status of free speech objections to serving same-sex couples in light of the Court's opinion.

Robert Post

Yale Law School

Smith Lives: The Politics of Free Exercise

6/12/18  //  Commentary

Will SCOTUS minimize its view of religious animus as applied to Muslims, despite having just magnified it as applied to conservative Christians?

Richard C. Schragger

UVA School of Law

The Results Are In: Law Firms & Mandatory Arbitrations

6/11/18  //  Quick Reactions

The results of the survey to law firms recruiting on campus shows which firms use mandatory arbitration, and which firms deigned to respond at all.

Leah Litman

Michigan Law School

The Supreme Court’s Upside-Down Decision In Masterpiece

6/7/18  //  Quick Reactions

By Nelson Tebbe & Larry Sager: Now is the time to solidify our understanding of Masterpiece, because other wedding vendor cases are still pending in the Supreme Court and in lower courts.

Nelson Tebbe

Brooklyn Law School

Masterpiece Cakeshop– A Troublesome Application Of Free Exercise Principles By A Court Determined To Avoid Hard Questions

6/7/18  //  In-Depth Analysis

A system that threatens to overturn any administrative decision that appears tainted – even harmlessly – by signs of religious bias is one that will inevitably favor religious interests over other concerns

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

Fury and Despair over the Masterpiece Cakeshop Ruling are Misplaced

6/6/18  //  Quick Reactions

Justice Kennedy makes an open-ended call for tolerance and compromise in his opinion. For that, he should be commended

Joshua Matz

Publisher

Masterpiece Cakeshop: The Loss that is a Win

6/5/18  //  Quick Reactions

In some cases, the public perception of a case — not its actual holding — is what is most important.

Amanda Shanor

The Wharton School

Ducking Day at the SCOTUS

6/5/18  //  Commentary

There are times when strategic ducking makes sense practically if not strictly legally

Michael C. Dorf

Cornell Law School