Disestablishing the Mother

5/20/19  //  In-Depth Analysis

Artificial reproductive technology might disestablish the traditional ideas of maternity on which abortion law and discourse rests

Courtney Cahill

FSU College of Law

Repackaging Discrimination

4/1/19  //  In-Depth Analysis

The Trump administration (with some success) is making an argument to justify discrimination against transgender persons that would roll back some of the protections against other forms of discrimination as well.

Leah Litman

U.C. Irvine School of Law

Hetali Lodaya

Michigan Law School

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: Is The State Department Discriminating Against Same-Sex Marriages?

2/28/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss a decision from a federal court in Los Angeles ordering the Trump Administration to grant citizenship to both children of a same-sex couple born abroad to one U.S. parent. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

Forced Classification, Biological Determinism, and Sad Chapters from Our Nation’s History

10/31/18  //  Commentary

In rigidly classifying people based on theories of biological determinism, we ignore history at our own peril

Versus Trump: Trump Versus Facebook

8/23/18  //  Commentary

On this week's episode of Versus Trump, Jason and Charlie talk about an unusual and surprising case where the Trump Administration has filed a brief in support of fair housing advocates who have sued Facebook for its part in enabling discriminatory advertising. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

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

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

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 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

Versus Trump: So, What's New?

5/10/18  //  Commentary

On this week's episode of Versus Trump, Easha and Jason reveal their big announcement: we're doing our first ever live show: Saturday, June 9, in DC, as part of the ACS National Convention. After that excitement, they get into a handful of updates about cases about auto emissions, HUD programs, the ban on military service by transgender individuals, and more. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco