Gender Hypocrisy Watch

3/11/19  //  Commentary

The administration’s recent claims about gender violence and the humanitarian crisis at the border underscore the administration’s hypocrisy on issues related to gender.

Leah Litman

U.C. Irvine School of Law

Versus Trump: California X Trump

3/7/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie and Jason discuss a new lawsuit from California challenging new regulations regarding Title X, an important federal family planning program. Listen now!

Charlie Gerstein

Civil Rights Corps

Jason Harrow

Equal Citizens

A Note Of Caution About Timbs v. Indiana

2/25/19  //  Quick Reactions

The concurring opinions in Timbs v. Indiana raise some concerns about how (some of) the Justices would address the Trump administration’s treatment of undocumented minor women.

Leah Litman

U.C. Irvine School of Law

Chief Justice John Roberts’ Next Move Will Tell Us A Lot

2/13/19  //  Commentary

While Roberts deserves some praise for his vote last week, the story of this Louisiana law is far from over. And what Roberts does next will tell us a lot—about him and the trajectory of the Court he leads.

Brianne J. Gorod

Constitutional Accountability Center

The Substance of the Supreme Court’s procedure

2/13/19  //  In-Depth Analysis

Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.

Leah Litman

U.C. Irvine School of Law

Justice Kavanaugh Said No On Roe

2/11/19  //  Quick Reactions

In June Medical Services, Justice Kavanaugh did exactly what reproductive justice advocates said he did on the court of appeals, and warned he would do once he got to the Supreme Court. Are you listening Susan Collins?

Leah Litman

U.C. Irvine School of Law

Versus Trump: Contraception Mandate, Round Infinity

1/3/19  //  In-Depth Analysis

On this week's episode of Versus Trump, Charlie, Jason, and Easha comment on several cases addressing whether the Trump Administration may legally expand the number of employers who do not need to provide insurance that includes coverage for contraception. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Controlling Our Losses

10/24/18  //  Commentary

While bleak, planning to lose is not about conceding defeat. It’s about laying the groundwork for a brighter future and avoiding precedential barriers to that future.

Danielle D'Onfro

Washington University Law School

Getting To No On Roe: It's Already Started

9/11/18  //  Uncategorized

A recent Eighth Circuit case shows how courts and the newly reconstituted Supreme Court will perform legal gymnastics in order to limit Roe and Casey.

Leah Litman

U.C. Irvine School of Law

Birth Control Is Not Abortion

9/7/18  //  Quick Reactions

By Greg Lipper: At his confirmation hearing, Judge Kavanaugh used the phrase “abortion-inducing drugs" while referring to a case he heard on the DC Circuit. This description of the case is at odds with modern science and suggests his hostility to foundational privacy precedents.

Take Care

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

Reinvigorating Defensive Crouch Liberal Constitutionalism Part 2: Will Clarence Thomas Save Abortion Rights?

7/19/18  //  Commentary

Would Justice Thomas really strike down federal legislation restricting abortion? We may soon find out.

Michael C. Dorf

Cornell Law School

Elusive Silver Linings & The Deregulatory First Amendment

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.

Stare Decisis, The Supreme Court, And Roe

7/9/18  //  Commentary

Some further evidence that a mere belief in stare decisis and judicial precedent does not mean a judge will not overrule cases, as Susan Collins has (falsely) suggested.

Leah Litman

U.C. Irvine School of Law

Getting To No On Roe

7/5/18  //  In-Depth Analysis

The question is not whether the reconstituted Supreme Court will overturn Roe v. Wade. The only question is how the Supreme Court will do so.

Leah Litman

U.C. Irvine School of Law