The Contraceptive Mandate Takes Another Hit

7/2/19  //  Commentary

The decision mounts an end run around other federal courts and prior precedent in the Fifth Circuit and risks disrupting insurance markets

Elizabeth Sepper

Washington University

When It Comes To Partisan Gerrymandering, Inaction Is Not Neutrality

7/2/19  //  Commentary

The majority's invocation of neutrality collapses when the partisan gerrymandering decision is set in a broader political and institutional context

Danny Wilf-Townsend

Gupta Wessler PLLC

Pretext and Remedy in the Census Case and Beyond

7/2/19  //  Commentary

There really is nothing the administration can now do that ought to lead to approval of the citizenship question

Michael C. Dorf

Cornell Law School

Versus Trump: A Census Win...Or Is It?

7/1/19  //  Commentary

This week on Versus Trump, Jason, Charlie, and Easha discuss the temporary victory for the Plaintiffs in the census case and then speculate on what might come next. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps

Thoughts on the Chief's Strategy in the Census Case

7/1/19  //  Commentary

It's extremely likely that the citizenship question will appear on the 2020 census—and the Chief intended precisely that result

Constitutional Blindspot: How The Roberts Court Is Betraying Our Democracy

7/1/19  //  Commentary

The Roberts Court has a constitutional blindspot. It consistently ignores the many parts of the Constitution that help preserve and protect a vibrant democracy open to all.

Courting Disaster: Progressive Candidates’ Reticence on Judicial Nominations

6/25/19  //  Commentary

Will progressive candidates for national office be asked about judicial nominations and will these candidates make the federal judiciary a top-tier message? On paper at least, there are reasons to think progressive candidates will get it right this time.

Two Recent Decisions Confirm the Pivotal Role of Trump-Appointed Judges

6/25/19  //  Commentary

In two divided decisions issued one day in late June, the Supreme Court came awfully close to rewriting the law in two different areas that could have produced devastating consequences for all Americans

Elliot Mincberg

People For the American Way

John Roberts the Institutionalist?

6/22/19  //  Commentary

If his decision to join the dissent in Gundy v. United States is any sign of things to come, John Roberts the institutionalist has left the building

Gillian Metzger

Columbia Law School

There Goes Title X: Title X is Contraception, Folks

6/22/19  //  Commentary

By Priscilla J. Smith: Conservatives are hiding behind the abortion debate to attack contraceptive access and getting away with it

Take Care

Versus Trump: A Ninth Circuit Compromise

6/20/19  //  Commentary

This week on Versus Trump, Jason and Charlie discuss the Ninth's Circuit's recent somewhat cryptic, compromise decision regarding the ban on service by transgender individuals in the military. Listen now!

Charlie Gerstein

Civil Rights Corps

Legitimacy and the Supreme Court

6/19/19  //  Commentary

It is illegitimate to consider legitimacy. So say many conservatives who seem terrified that Chief Justice John G. Roberts Jr. might care about public perception of the U.S. Supreme Court. But they are wrong.

Stephen Vladeck

University of Texas

Leah Litman

Michigan Law School

Why a Loss for the House in Court Last Week Wasn’t All Bad News

6/14/19  //  Commentary

Although Judge McFadden made clear that he did not need to decide whether the House has standing to enforce subpoenas, what he said nonetheless strongly suggests that he would conclude that they do

Brianne J. Gorod

Constitutional Accountability Center

Why the Spotlight On Chief Justice Roberts May Soon Be Brighter—and Why That Matters

6/13/19  //  Commentary

Chief Justice Roberts would preside over any impeachment trial of President Trump. Here's why that matters.

Brianne J. Gorod

Constitutional Accountability Center

Versus Trump: Listener Mailbag

6/6/19  //  Commentary

This week on Versus Trump, Jason and Charlie answer listener mail and talk about nationwide injunctions at Gregory's request; talk more about court packing at the request of Micah; and respond to Ben's thoughts on subpoena enforcement. Listen now!

Charlie Gerstein

Civil Rights Corps