An Absolute Right to Discriminate

7/8/20  //  Commentary

Thousands upon thousands of schoolteachers at religious schools – teachers who are mostly women – have been stripped of protection against anti-discrimination laws. Once again, religious rights trump women’s right to equality.

Espinoza and the Continued Evisceration of the Establishment Clause

7/1/20  //  In-Depth Analysis

Espinoza leaves us with a gluttonous Free Exercise Clause, and a starved Establishment Clause.

The Unconstitutionality of Government Propaganda

4/27/20  //  Commentary

Certain kinds of government propaganda violate the Free Speech Clause. President Trump has crossed that line.

Christian Nationalism and the Bladensburg Cross

3/25/19  //  Commentary

One of the core goals of the Establishment Clause is to stave off developments like Christian nationalism and its hierarchies of citizens. The Bladensburg cross reflects and strengthens this troubling strain in American society.

Elusive Silver Linings & The Deregulatory First Amendment

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.

Masterpiece Cakeshop: Beware the False Equivalence

2/12/18  //  Commentary

Tolerating discrimination and tolerating the desire not to be discriminated against are simply not the same.

Bias and Privilege: The Two Sides of Racism

1/15/18  //  Commentary

Racial bias and white privilege both contribute to racism. To our country’s great detriment, Trump has displayed both of them.