Faculty Comment on Key Supreme Court Decisions

Scholarly reflections provide greater understanding of these complex cases.

Supreme Court
July 05, 2018

Before Supreme Court Justice Anthony Kennedy announced his upcoming retirement, the Court issued decisions on several significant cases that could have impacts on public unions, immigration, and how courts consider First Amendment protections. GW Law faculty actively tracked these cases as they developed and shared their expert opinions with the media. 

GW Faculty Provide Scholarly Reflections

Visit The George Washington Law Review's "On the Docket" page for additional analysis.

Janus v. American Federation of State, County, and Municipal Employees, Council 31

By a 5-to-4 vote, with the more conservative justices in the majority, the court ruled that government workers who choose not to join unions may not be required to help pay for collective bargaining.

Jeffrey Rosen

"Supreme Court Delivers Blow to Unions"

June 27, 2018 - MSNBC


Travel Ban

The Supreme Court upheld President Trump's ban on travel from several predominantly Muslim countries, delivering to the president last month a political victory and an endorsement of his power to control immigration at a time of political upheaval about the treatment of migrants at the Mexican border. The ruling was 5-4 along partisan lines, with Chief Justice John Roberts writing for the conservative majority.

Paul Schiff Berman

"#OffScriptOn9: Legal Insight into Trump's Travel Ban and Why SCOTUS Upheld It"

June 26, 2018 – CBS

Jeffrey Rosen

"Are Narrow Rulings The Supreme Court's New Normal?"

June 27, 2018 - WAMU-FM's "1A"

Jonathan Turley

"Supreme Court Hands Trump Predictable Win on Travel Ban"

June 26, 2018 - The Hill


Masterpiece Cakeshop v. Colorado Civil Rights Commission

On Monday, June 4, the Court ruled 7–2 in favor of Jack in Masterpiece Cakeshop v. Colorado Civil Rights Commission, finding that people like Jack should not be bullied or banished from the marketplace because of their religious beliefs about marriage.

Robert W. Tuttle

"Supreme Court Sides with Christian Baker in Same-Sex Wedding Cake Case"

June 4, 2018 - The Washington Times

"That Colorado Wedding Cake Case: How Libertarians View It"

June 09, 2018 - Yahoo! News

Robert W. Tuttle and Ira C. Lupu

"Masterpiece Cakeshop– A Troublesome Application Of Free Exercise Principles By A Court Determined To Avoid Hard Questions"

June 7, 2018 - Take Care

Ira C. Lupu

"Does the Supreme Court Have a Double Standard on Religion?"

June 26, 2018 - CNN