Recent | Take Care

Christian Nationalism and the Bladensburg Cross

One of the core goals of the Establishment Clause is to stave off developments like Christian nationalism and its hierarchies of citizens. The Bladensburg cross reflects and strengthens this troubling strain in American society.

Caroline Mala Corbin

UMiami Law

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

Against Establishment Clause Concession

2/28/19 // In-Depth Analysis

There are reasons to worry about whether certain liberal justices on the Supreme Court fully appreciate that we are at an inflection point in the history of the Religion Clause

Nelson Tebbe

Brooklyn Law School

Micah Schwartzman

University of Virginia School of Law

Wither the Establishment Clause: The Bladensburg Cross Case

2/24/19 // In-Depth Analysis

The Bladensburg Cross case has our country on the verge of abandonment of longstanding and hard won principles about the secular character of American government. SCOTUS can and should step back from the brink.

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

CVE Is A Flawed and Ineffective Program, And More Evaluation Won’t Fix It

2/22/19 // Commentary

By Nabihah Maqbool and Sirine Shebaya: There are major problems with the Countering Violent Extremism program. Trump has only made the program worse. It should be winded down for good.

Take Care

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

Michigan Law School

Symmetric Constitutionalism for a Polarized Era

10/30/18 // Commentary

Judges should strive toward constitutional understandings that protect the interests of people on different sides of the ideological spectrum

Zachary Price

U.C. Hastings College of the 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.

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Elusive Silver Linings & The Deregulatory First Amendment

7/9/18 // Commentary

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

Caroline Mala Corbin

UMiami 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

SCOTUS Crisis Pregnancy Center Case Shows Originalist Justices Are Originalist Except When They're Not

6/26/18 // Commentary

Let's not kid ourselves. Today's decision in NIFLA is an ideological decision.

Michael C. Dorf

Cornell Law School

President Trump, Your Words Do Matter (And Should Doom Your Muslim Ban)

6/21/18 // In-Depth Analysis

Sirine Shebaya and Johnathan Smith: Trump has never been bashful about his anti-Muslim animus. And he has invoked that animus in creating policies, in defiance of the Constitution.

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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

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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