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All Posts by David Gans

Washington D.C.’s Second-Class Status is a Stain on Our Democracy

2/25/21 // Commentary

Our Constitution establishes an inclusive multiracial democracy based on the equal worth and dignity of all Americans. Denying the people of Washington, D.C. a voice or representation in Congress does violence to these fundamental constitutional principles.

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How the Right to Vote Became Fundamental

8/26/20 // Commentary

The Nineteenth Amendment helped cement the idea that the right to vote is a fundamental right inherent in citizenship

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Roberts’ Rules: How the Chief Justice Could Rein in Police Abuse of Power

8/19/20 // In-Depth Analysis

A theme of Chief Justice John Roberts’ opinions this past term is that courts should not employ open-ended balancing tests to protect fundamental constitutional rights. Yet there is one area of the Supreme Court’s constitutional jurisprudence that is rife with such amorphous balancing tests: policing. It is long past time for the Court to revisit this area of law.

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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.

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The Census, the Rule of Law, and Democracy

1/16/19 // Latest Developments

Even when administrative agencies enjoy broad delegated powers, they cannot run roughshod over legal mandates or twist the facts to reach the result they want.

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How Congress Can Use Its Constitutional Powers to Guarantee Voting Rights for All

11/19/18 // In-Depth Analysis

The Constitution explicitly gives Congress sweeping powers to protect the right to vote

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Will Judge Brett Kavanaugh Respect the Whole Constitution?

8/31/18 // Commentary

A Justice of the Supreme Court must be faithful to the whole Constitution. He or she cannot pick and choose which protections to enforce based on his or her own predilections

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The Fourteenth Amendment Turns 150 Today: Will Trump’s New Nominee Follow Its Text and History?

7/9/18 // Commentary

When exercising its role of advice and consent in coming weeks, the Senate must ensure that President Trump’s nominee is willing to respect the whole Constitution, not just the parts of our national charter that fit the President’s agenda.

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The Supreme Court is Enabling President Trump

6/28/18 // Commentary

We have a President who thumbs his nose at the Constitution and the rule of law, and a Supreme Court that is willing to let him get away with it.

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Our Constitution Forbids a Religious Test for Immigration

4/19/18 // Commentary

The Supreme Court should strike down Trump’s travel ban.

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Partisan Gerrymandering Returns to the Supreme Court

3/27/18 // In-Depth Analysis

Partisan gerrymandering at its core is viewpoint discrimination pure and simple, and it cannot be squared with our Constitution’s promise that voters choose their representatives, not the other way around.

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NIFLA v. Becerra: The Conservative Attack on Disclosure

3/15/18 // Commentary

Disclosure laws further First Amendment values by ensuring that consumers have access to accurate information about their rights to state-funded care and how to access these benefits.

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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.

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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.

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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

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