Recent | Take Care

A Memorandum of Misunderstanding

Mueller didn't indict Trump because DOJ policy prohibited him from doing so. That same policy points to the need for impeachment.

Tom Coleman

Versus Trump: The Past And Future Of Gerrymandering

7/18/19 // Commentary

This week on Versus Trump, Jason and Easha are joined by guest host Melissa Murray of NYU Law and the new Strict Scrutiny podcast. They discuss the recent Supreme Court decision on gerrymandering (Rucho v. Common Cause), what's next in the fight, and where you can find Melissa's wonderful new podcast. Listen now!

Jason Harrow

Easha Anand

San Francisco

The Rise of the Know-Nothing Judge

7/15/19 // Commentary

Know-Nothing judges may drape themselves in the robes of judicial modesty, but they are activists to the core. And they may decide the fate of health reform.

Nick Bagley

University of Michigan Law School

Robert Bork’s America is Becoming Donald Trump’s America

7/15/19 // Commentary

As President Trump puts additional judges on the federal courts for life and continues his own extreme policies, Bork’s America is coming to life more and more as Trump’s America.

Elliot Mincberg

People For the American Way

The President Cannot Constitutionally Block His Critics on Twitter

7/12/19 // Commentary

The decision is a victory for free speech, an important signal to government officials in the social media era, and a refreshing holding that the President is not above constitutional constraint

Amanda Shanor

The Wharton School

Title VII Bans Discrimination Based on Sexual Orientation

7/11/19 // Commentary

This conclusion follows directly from the statutory text and a brief glance at some dictionaries. Judges who have concluded otherwise based their analysis on faulty premises.

Joshua Matz

Objections to Protecting Transgender People Under Title VII Are Meritless

7/10/19 // Commentary

In this post, I address three of the most frequent objections to holding that Title VII prohibits discrimination based on transgender status

Joshua Matz

Two Reasons Why Title VII Bans Discrimination Based on Transgender Status

7/9/19 // Commentary

Discriminating against an employee because they are transgender violates Title VII in two distinct respects

Joshua Matz

The Plain Meaning of Title VII

7/8/19 // Commentary

According to Justice Kagan, we're all textualists now. What exactly does that mean as we interpret Title VII's ban on discrimination 'because of such individual's . . . sex'?

Joshua Matz

Versus Trump: Is There A New Title X In Town?

7/4/19 // Commentary

This week on Versus Trump, Jason and Charlie are joined by guest host Alexandra Brodsky to discuss the Ninth's Circuit's recent decision that let go into effect major new regulations for the primary federal program dealing with family planning and women's health—a program known as Title X. Listen now!

Jason Harrow

Charlie Gerstein

Civil Rights Corps

The Justice Department’s New Brief in Texas v. United States

7/4/19 // Commentary

In a welcome surprise, the Trump administration has urged the Fifth Circuit not to dismiss the appeal of the decision invalidating the Affordable Care Act.

Nick Bagley

University of Michigan Law School

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!

Jason Harrow

Easha Anand

San Francisco

Charlie Gerstein

Civil Rights Corps