Recent | Take Care

On Judge Kozinski & Open Secrets

The Senate’s confirmation process should be attentive to warning signs about nominees’ managerial temperaments.

Seattle University School of Law

Against Deference: Considering the Trump Travel Ban

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

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

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.

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

Complicity and Speech: The Right’s New Effort to Rewrite the First Amendment

12/4/17 // In-Depth Analysis

Conservative legal activists have pushed a sweeping view of the First Amendment’s protection against compelled speech. These new complicity claims should fail.

David Gans

CAC

Hargan v. Garza And The (Near) Future Of Abortion Access

11/16/17 // Commentary

Hargan v. Garza is but one instance in a broader attack on abortion access.

Leah Litman

Michigan Law School

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

The First Amendment Does Not Give Commercial Businesses a License to Discriminate

11/1/17 // In-Depth Analysis

In Masterpiece, the Petitioner's argument would wreak havoc on long established First Amendment principles, giving businesses a right to disregard content-neutral regulations of their conduct

David Gans

CAC

Religious Freedom and the Masterpiece Case

10/31/17 // In-Depth Analysis

Robbie Kaplan and I have filed a brief on behalf of Church-State Scholars addressing the Free Exercise Clause issues in this important case.

Joshua Matz

Masterpiece Cakeshop and Reading Smith Carefully: A Reply to Jim Oleske

10/30/17 // In-Depth Analysis

Thomas C. Berg and Douglas Laycock respond to criticism of their amicus brief in the Masterpiece Cakeshop case.

Take Care

DOJ Goes Big So Prisoners Can't Go Home

10/26/17 // In-Depth Analysis

DOJ now argues that people who are in prison based on mistaken understandings of criminal statutes must stay there. The Supreme Court should consider granting certiorari to correct its mistake (and the Eleventh and Tenth Circuits’).

Leah Litman

Michigan Law School

Lark Turner

A Free Press Requires a Strong and Independent Judiciary

10/20/17 // In-Depth Analysis

A free press and a strong judiciary are among the best bulwarks against authoritarianism, and we need one to have the other.

Nancy Leong

Sturm College of Law

Versus Trump: Pardon Our Tone

10/19/17 // Commentary

On this week’s episode of Versus Trump, Easha, Jason, and Charlie discuss the President's pardon of Sheriff Joe Arpaio and the (so far unsuccessful) legal challenge to that pardon. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

The Supreme Court, Animus, And Amicus

10/10/17 // In-Depth Analysis

Some thoughts on a brief in a case the Court had scheduled to hear today.

Leah Litman

Michigan Law School