Recent | Take Care

What About the Free Speech Clause Issue in Masterpiece?

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

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

Gerstein Harrow LLP

Easha Anand

San Francisco

Trump is Running on Animus Autopilot

3/28/18 // Commentary

We thus live in a strange new world, where bigots serve openly and soldiers are forced into closets.

Joshua Matz

Is Marriage a Fundamental Right 'in Equal Protection'

3/22/18 // In-Depth Analysis

Would it be unconstitutional for a state to abolish marriage as a legal status for everyone?

Michael C. Dorf

Cornell Law School

The Costs of Conscience and the Trump Contraception Rules

3/6/18 // Commentary

The Constitution prohibits the government from accommodating religious practices when doing so entails undue hardship to third parties

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

Richard C. Schragger

UVA School of Law

Defending Civil Rights in Starkville, Mississippi

2/27/18 // Latest Developments

A new lawsuit seeks to protect freedom of speech and equal protection for LGBT people in Mississippi

Joshua Matz

Masterpiece Cakeshop: Beware the False Equivalence

2/12/18 // Commentary

Tolerating discrimination and tolerating the desire not to be discriminated against are simply not the same.

Caroline Mala Corbin

UMiami Law

Versus Trump: 2017 Scorecard

1/4/18 // Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Judges of Christmas Future

12/21/17 // Commentary

On this week’s Versus Trump holiday spectacular, it's all judges, all the time. Charlie, Jason, and Easha take a closer look at a number of the President's judicial nominees—confirmed, pending, and withdrawn—to examine what might happen to Versus Trump cases in years to come. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Trump Versus Anti-Discrimination Laws (with guest Joshua Matz)

12/7/17 // In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha are joined by Take Care publisher Joshua Matz to talk about the Masterpiece Cake Shop oral argument, plus the status of Muslim Ban litigation and the future of Take Care.

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP