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

Publisher

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

Publisher

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

Publisher

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

Publisher

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

Publisher

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

Publisher

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

Publisher

Trump Cannot Appeal an Impeachment Judgment to SCOTUS

4/24/19  //  In-Depth Analysis

In this excerpt from our book, we explain why the Framers decided against assigning the Supreme Court a role in adjudicating impeachments

Joshua Matz

Publisher

Laurence H. Tribe

Harvard Law School

Why SCOTUS Must Hear the Census Case on the Merits

4/1/19  //  In-Depth Analysis

The government's efforts to insulate Secretary Ross's decision from judicial review are wholly without merit. Here's why.

Joshua Matz

Publisher

Trump's Unyielding Religious Exemptions from the Contraceptive Coverage Requirement Are Unconstitutional

3/26/19  //  In-Depth Analysis

The administration has issued a religious exemption rule that collides with the Establishment Clause

Joshua Matz

Publisher

Masterpiece Cakeshop & Proof of Religious Hostility in Civil Rights Enforcement

3/14/19  //  In-Depth Analysis

The Supreme Court's decision in Masterpiece Cakeshop offers no warrant for a rampant free exercise exceptionalism, in which the normal rules of constitutional law are suspended or inverted

Joshua Matz

Publisher

Insubordination and Impeachment

3/4/19  //  Commentary

The widespread executive branch practice of ignoring Trump's statements—or treating them as merely advisory—has saved him from potentially dire political consequences

Joshua Matz

Publisher

Laurence H. Tribe

Harvard Law School

Don’t Let Impeachment Dominate Politics

2/22/19  //  Latest Developments

It is surely ironic for the authors of a book about impeachment to warn about the risks of too much focus on impeachment. But that's what we do in our latest Atlantic essay.

Joshua Matz

Publisher

Laurence H. Tribe

Harvard Law School

Reforming Elections Through Legislation

11/14/18  //  Latest Developments

We are pleased to announce a mini-symposium in collaboration with the Election Law Blog

Take Care

Joshua Matz

Publisher

The Justice Department’s New Tactic

11/12/18  //  Commentary

The government is not entitled to play leapfrog whenever it loses in federal court

Joshua Matz

Publisher