Recent | Take Care

What’s the Price of Tolerance?

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.

David Gans

CAC

Three Problems With the SG's Klan Hypo in the Masterpiece Cakeshop Oral Argument

12/6/17 // In-Depth Analysis

If the baker loses in Masterpiece, could the government compel an African American sculptor to sculpt a cross for a Klan service? No, it could not.

Michael C. Dorf

Cornell Law School

Trump’s Newest Attack on the Rule of the Law

12/4/17 // Commentary

Trump isn’t just reckless, and he doesn’t just seem to think he is above the law. He has an authoritarian’s hostility to the very idea of a principled inquiry into the truth.

David Sklansky

Stanford Law School

Versus Trump: Borderline Searches + Response To First Mondays

11/16/17 // Commentary

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's electronic devices at the U.S. border, and they also respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Doubling Down on a Deeply Troubling Argument in Masterpiece Cakeshop

11/14/17 // In-Depth Analysis

Tom Berg and Douglas Laycock defend a novel theory that could eviscerate civil rights laws

Jim Oleske

Lewis & Clark Law School

Aiming the Bully Podium at Minority Communities

10/11/17 // In-Depth Analysis

By Mark Joseph Stern: From the NFL to Puerto Rico to the impending ban on transgender troops, Trump uses his “free speech rights” to bully minority communities into silence.

Take Care

Honor Killings and the Travel Bans

10/4/17 // In-Depth Analysis

Anti-Muslim animus on the face of the second travel ban requires clear proof that the third one is free of such bigotry.

Sarah Mahmood

Proving Intentional Discrimination, Redux

8/30/17 // Commentary

Insights from a recent lawsuit about Arizona’s decision to force the Tucson Unified School District to eliminate its successful Mexican American Studies program

Charlotte Garden

Seattle University School of Law

The Problem(s) With The Arpaio Pardon

8/29/17 // Commentary

Like so much of what Trump has done, the Arpaio pardon raises multiple challenges to our constitutional system.

Leah Litman

Michigan Law School

Lark Turner

Court Finds Discriminatory Purpose in Law Backed by Sessions DOJ

8/28/17 // Commentary

DOJ's troubling shift on voting rights rightly failed to save a discriminatory Texas law

Christina Ford

The Debate Over Confederate Monuments

8/25/17 // In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The Unsettling Of Affirmative Action

8/24/17 // In-Depth Analysis

DOJ’s investigation into Harvard’s affirmative action program is bigger than it looks (and it already looked big).

Helen Klein Murillo

Harvard Law School '17

Leah Litman

Michigan Law School

Neo-Nazis, Wedding Cakes, and Compelled Speech

8/24/17 // Commentary

Here I explore the interests asserted by GoDaddy and Google in denying service to neo-Nazis and their ilk. I then consider implications of my analysis for the pending Supreme Court case of Masterpiece Cake Shop v. Colorado Civil Rights Comm'n.

Michael C. Dorf

Cornell Law School

Versus Trump: The Voting Wars (Interview With Marc Elias)

8/17/17 // Commentary

On this week’s episode of Versus Trump, we have an interview about voting laws and litigation with former Hillary for America General Counsel and current voting rights superlawyer Marc Elias. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

What's the Difference Between Confederate Leaders and Slave-owning Founding Fathers?

8/17/17 // Commentary

We honor Washington and Jefferson despite the fact that they owned slaves, whereas memorials to the likes of Robert E. Lee, Jefferson Davis, and Stonewall Jackson honor them because they fought for a secessionist movement that had the preservation of slavery as its organizing principle.

Michael C. Dorf

Cornell Law School