Trump Judges Strike Down Bans on Conversion Therapy
The 11th Circuit held that laws banning conversion therapy — a brutal practice that significantly increases depression and suicide among LGBTQ youth — violate speech rights. The decision signals how Trump-appointed judges could weaponize the First Amendment to roll back civil rights.
Legal Scholars on the Importance of Counting Every Vote
We have every confidence in state election officials to finish counting all of our votes as best they know how—and we encourage all of our fellow citizens to wait until they have done so before jumping to conclusions.
The Federal Judiciary Needs More Former Public Defenders
By Orion de Nevers: The composition of President Trump’s record-setting number of judicial appointments has been widely criticized for its overwhelmingly white-male skew. But another, quieter, source of troubling homogeneity has also emerged: President Trump is loading the bench with former prosecutors.
The Electoral College Shouldn’t Get in the Way of D.C. Statehood
By Jessica Bulman-Pozen & Olatunde Johnson: On June 26, 2020, the House of Representatives voted to make DC the fifty-first state in our Union. This should be an urgent priority for the 117th Congress—but before passage, the bill should be modified in a way blessed by the Supreme Court’s decision yesterday in Chiafalo v. Washington.
Pinkwashing the Supreme Court
The Court’s LGBTQ rulings should not distract from the broader trajectory of its jurisprudence in favor of the privileged.
The Fight for Contraceptive Coverage Rages in the Time of COVID-19
Even the Supreme Court has been required to take unprecedented steps by closing the building, postponing argument dates, and converting to telephonic hearings. Those impacts should be reflected in all aspects of the Court’s work, including the decisions it renders for the remainder of this term.
Executive Branch Inconsistency on Congressional Standing
By Ashwin Phatak: Although DOJ has recently taken the position in litigation that the House of Representatives lacks standing to bring a civil action to enforce a subpoena against an Executive Branch official, that position conflicts with prior DOJ precedents