Recent | Take Care

Objections to Protecting Transgender People Under Title VII Are Meritless

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

Gerstein Harrow LLP

Charlie Gerstein

Gerstein Harrow LLP

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

Gerstein Harrow LLP

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

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

Joshua Matz

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.

David Gans

CAC

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.

Praveen Fernandes

CAC

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

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