Jeffrey Stein  //  12/3/17  //  Topic Update


Next week, the Supreme Court will hear oral argument in Masterpiece Cakeshop, a case invoking the conflict between religious beliefs and non-discrimination ordinances (SCOTUSBlog).

  • The Masterpiece Cakeshop case is not about religious freedom, writes Jennifer Finney Boylan at NYT.
  • There is no constitutional right to refuse service to a person based on sexual orientation, writes Erwin Chemerinsky at The Sacramento Bee.
  • A ruling in favor of Masterpiece Cakeshop would destroy discrimination law, write David Glasgow and Kenji Yoshino.
  • Eric Segall examines how a ‘committed originalist’ should decide the case.
  • Sarah Posner explores the Alliance Defending Freedom, who is representing Masterpiece Cakeshop.

The Department of Justice has not justified its failure to inform a U.S. citizen detainee about his right to petitionargues Marty Lederman at Just Security.

  • Stephen I. Vladeck explains why the suspect deserves a hearing at the New York Times.

President Trump shared videos from a fringe British ultranationalist party purportedly showing Muslims committing acts of violence (NYTWSJ).

  • The New York Times describes what is known about the videos.
  • British Prime Minister Theresa May’s office sharply rebuked President Trump.
  • Muslims and non-Muslims alike should be horrified, writes Yair Rosenberg.
  • This is different from President Trump’s other tweets, writes the L.A. Times Editorial Board.

Leaked emails from the Trump Administration show that the Office of Refugee Resettlement attempted to prevent migrant teens from securing abortions (Reproductive Rights Prof Blog).

The House has passed a bill removing outdated references to racial minorities from federal regulations (The Hill).

The House Republican proposal to tax the tuition waivers of graduate students represents a serious threat to diversity among academia, writes Steven W. Thrasher at NYT.

President Trump’s use of ‘Pocahontas’ to refer to Senator Elizabeth Warren reflects a long history of issues between the federal government and Native Americans, writesJaweed Kaleem at the L.A. Times.

An Ohio appellate court has suggested that a ban on firearms in a restraining order may violate the Second Amendment (Volokh Conspiracy).

President Trump seems to target just black athletes for criticism, writes Kurtis Lee at the L.A. Times.

The Trump Administration has indicated that it may go to higher courts to postpone the enlistment of transgender individuals in the U.S. military (Lyle Denniston).


Updates | The Week of February 19, 2018

2/25/18  //  Daily Update

Special Counsel Robert Mueller filed a new charge against Paul Manafort while Richard Gates pled guilty. Meanwhile, President Trump's proposal to arm teachers drew controversy in Washington.

Jacob Miller

Harvard Law School

Updates | The Week of February 5, 2018

2/11/18  //  Daily Update

The Nunes memo set off aftershocks; agencies scrambled to implement the Trump Administration's policies to mixed effect; and Congress passes a budget after a brief overnight shutdown.

Updates | The Week of January 15, 2018

1/21/18  //  Daily Update

The week began with Martin Luther King Jr. Day and ended with a government shutdown on the anniversary of President Trump's inauguration.

Jacob Miller

Harvard Law School