Abbott v. Perez:  Bad Reading Invites Discriminatory Redistricting

7/6/18  //  In-Depth Analysis

Ironically but thankfully, the result of Justice Alito's deeply mistaken analysis in Abbott v. Perez is an opinion that makes less bad law than it might have.

Daniel P. Tokaji

Ohio State, Moritz College of Law

The Travel Ban and Inter-Branch Conflict

6/26/18  //  Commentary

The real problem is the Trump Administration itself. What feels like damage today is largely the echo of damage that already happened, rather than something new.

Richard Primus

University of Michigan Law School

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

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

Disparate Impact and the Administrative Procedure Act

5/10/18  //  Commentary

The Supreme Court has held that there's no private right of action to enforce Title VI. But the civil rights laws can still form the basis of a challenge to a waiver allowing states to impose work requirements.

Nick Bagley

University of Michigan Law School

Eli Savit

University of Michigan Law School

There’s No Justification for Michigan’s Discriminatory Work Requirements

5/9/18  //  Uncategorized

Low-income residents in Michigan’s cities are significantly less able to travel for work than people in rural communities. But Michigan legislators wants to exempt only the latter from their new work requirements. That's both immoral and illegal.

Eli Savit

University of Michigan Law School

Nick Bagley

University of Michigan Law School

Michigan’s Discriminatory Work Requirements

5/8/18  //  Uncategorized

Michigan legislators want to exempt rural residents from Medicaid work requirements, but not extend the same accommodation to people who live in cities. The racial disparities are obvious—and unlawful.

Nick Bagley

University of Michigan Law School

Eli Savit

University of Michigan Law School

SCOTUS Travel Ban Argument Post-Mortem and the Surprising Relevance of Korematsu

4/25/18  //  Commentary

Korematsu holds that in a case like this one the obligation to strictly scrutinize invidiously discriminatory policies remains even when the government asserts a facially plausible national security justification.

Michael C. Dorf

Cornell Law School

This Week’s Blockbuster SCOTUS Cases Share a Troublesome Common Issue

4/24/18  //  Commentary

Both the travel ban case and the Texas redistricting litigation raise questions about the staying power of discriminatory intent.

Justin Levitt

Loyola Law School

Here's Why SCOTUS Should Block Travel Ban 3.0

4/17/18  //  In-Depth Analysis

The government can't act based on animus toward particular religions. But that's exactly what Trump did.

Joshua Matz

Publisher

Versus Trump: The Citizenship Question

4/5/18  //  Commentary

On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!

Jason Harrow

Equal Citizens

Easha Anand

San Francisco

Trump’s Racism

1/16/18  //  Commentary

In increasingly vile and shocking ways, Trump has proven himself an unreformed racist on the model of the authors of Massive Resistance.

Richard Thompson Ford

Stanford Law School

Bias and Privilege: The Two Sides of Racism

1/15/18  //  Commentary

Racial bias and white privilege both contribute to racism. To our country’s great detriment, Trump has displayed both of them.

Against Deference: Considering the Trump Travel Ban

12/8/17  //  Commentary

By Vicki Jackson & Judith Resnik: Upholding the third travel ban out of deference to the President on matters of foreign affairs would be a tragic mistake.

Take Care

What’s the Price of Tolerance?

12/7/17  //  Commentary

Robust protection of speech does not require gutting laws that help ensure that all persons—regardless of race, gender, religion, or sexual orientation—can buy the good and services they desire, free from discrimination.