Recent | Take Care

Recognizing a Damages Remedy for Cross-Border Shootings

In Hernandez v. Mesa, the Supreme Court should hold that victims of cross-border shootings have a cause of action to seek damages against law enforcement officers who violate the Constitution

Joshua Matz

The House Ways and Means Committee Has Standing to Seek Trump's Tax Returns

9/23/19 // In-Depth Analysis

If the House Ways and Means Committee lacked Article III standing, then the House’s subpoena power would be gutted, and the Executive Branch could defy valid congressional process with impunity

Laurence H. Tribe

Harvard Law School

Joshua Matz

Federal Defenders and the Sixth Amendment's Zone of Interests

9/6/19 // In-Depth Analysis

The zone of interests test shouldn't apply to constitutional claims seeking injunctive relief. But even if it does apply, it doesn't prevent federal defenders from challenging arbitrary limits on attorney access under the Sixth Amendment.

Joshua Matz

The Constitution and the Zone of Interests Test

9/5/19 // Uncategorized

As the Supreme Court constructs new and artificial barriers to relief for violations of the Constitution, it is important to recognize where the Court has expressly *rejected* such limitations

Joshua Matz

The House Has Already Opened an Impeachment Investigation Against Trump

7/26/19 // Commentary

The Constitution’s text and structure — supported by judicial precedent and prior practice — show that impeachment is a process, not a single vote

Joshua Matz

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

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

Legitimacy and the Supreme Court

6/19/19 // Commentary

It is illegitimate to consider legitimacy. So say many conservatives who seem terrified that Chief Justice John G. Roberts Jr. might care about public perception of the U.S. Supreme Court. But they are wrong.

Stephen Vladeck

University of Texas

Leah Litman

Michigan Law School

Joshua Matz

A Landmark (But Qualified) Victory for Transgender Rights

6/14/19 // Quick Reactions

The Ninth Circuit's decision regarding the 'trans ban' has broad implications and marks a vital development in protecting transgender rights under the U.S. Constitution.

Joshua Matz