Caroline Mala Corbin

Constitutional law professor specializing in speech, religion, and women's rights.

I look at the First Amendment through an equality lens. In a fight between liberty and equality, I root for equality.

Likes: art, science, LGBTQ rights, critical race theory, separation of church & state

Dislikes: disinformation, Christian nationalism, originalism

Twitter @CarolineMCorbin

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Last Notes

2024-07-01 15:08:43

Major slapdown of Fifth Circuit in #Netchoice cases:
"But it is necessary to say more about how the First Amendment relates to the laws’ content-moderation provisions, to ensure that the facial analysis proceeds on the right path in the courts below. That need is especially stark for the Fifth Circuit."
#law #lawFedi #lawProf #FirstAmendment #SCOTUS #SupremeCourt

2024-07-01 14:54:14

My final exam for conlaw I had a presidential immunity hypo.
Arguing from precedent, most students argued that to make the President absolutely immune from criminal prosecution would be to treat him like a king and that no American should be above the law.
#SCOTUS #SupremeCourt #immunity #law #lawFedi #lawprof #immunity #presidentialImmunity

2024-07-01 14:31:47

The Supreme Court's final decision for the term is on Presidential immunity
The Supreme Court's final decision for the term is on presidential immunity written by Roberts: https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf
Absolute immunity for official acts w/in his authority
Presumptive immunity for official acts
None for unofficial
#SCOTUS #SupremeCourt #President #law #lawFedi #Lawprof

2024-07-01 14:22:22

Major decision from the Supreme Court
The Netchoice cases: https://www.supremecourt.gov/opinions/23pdf/22-277_d18f.pdf
Justice Kagan
Procedural issues but platforms have a first amendment right to moderate and curate their content
#law #lawProf #LawFedi #SupremeCourt #SCOTUS

2024-07-01 14:04:03

First decision is Corner Post
Not on my radar, but if it is on yours: https://www.supremecourt.gov/opinions/23pdf/22-1008_1b82.pdf
The statute of limitations decision makes it easier to challenge agency regulations
#SupremeCourt #SCOTUS #law #lawFedi #LawProf

2024-06-28 14:52:43

The Supreme Court's last case for today is Fischer v. United States
https://www.supremecourt.gov/opinions/23pdf/23-5572_l6hn.pdf
And the Court narrowly interprets the law used to prosecute Jan 6 attackers and sends it back down
#Law #LawFedi #LawProf #SupremeCourt #SCOTUS

2024-06-28 14:23:45

The Supreme Court has just overruled Chevron
Chevron held that when a law is ambiguous, courts should defer to an agency's reasonable interpretation.
https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf
#law #lawFedi #LawProf #SupremeCourt #SCOTUS #Chevron

2024-06-28 14:06:48

City of Grant's Pass v. Johnson, Supreme Court reverses 9th Circuit, holding that laws re camping on public property used to punish homeless are not cruel and unusual punishment
https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf
#SupremeCourt #SCOTUS #EighthAmendment #homeless #law #lawFedi #LawProf

2024-05-16 13:10:04

NEW ESSAY!
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4829289#
It discusses establishment clause and free exercise clause challenges to early abortion bans
#FediLaw #FediProf #law #abortion #religion #freeExercise #Establishment

2024-04-02 15:58:19

The Florida Supreme Court did allow a proposed amendment to protect abortion to go on the Florida ballot.
But the decision was very close: 4-3.
And three of those four went out of their way to condemn abortion
But at least they realized that it would be too obviously political to reject the amendment on the grounds the summary was misleading or the text was ambiguous
#Abortion #Florida #FediLaw #LawFedi #LawProf #SupremeCourt

2024-04-01 20:52:20

Florida Court Allows 6-Week Abortion Ban, but Voters Will Get to Weigh In https://www.nytimes.com/2024/04/01/us/florida-abortion-law-supreme-court.html
Six week ban in Florida is constitutional?
What a disaster not just for Florida but the whole South.
Let's hope voters will amend the Florida Constitution AGAIN
#Florida #abortion #Fedilaw #LawFedi #FediProf #ProfFedi

2024-03-05 12:52:10

Appeals court blocks Fla. ‘Stop Woke Act,’ says it’s a ‘First Amendment sin’ https://www.washingtonpost.com/nation/2024/03/04/appeals-court-blocks-florida-stop-woke-act/
It is hard to find a more paradigmatic violation of the free speech clause than the govt censoring a private speaker because the govt doesn't like what the the speaker is saying
#fedilaw #fediprof #DeSantis #Florida #freespeech #speech #FirstAmendment #Florida #lawfedi

2024-02-24 13:41:09

Alabama Rules Frozen Embryos Are Children, Raising Questions About Fertility Care https://www.nytimes.com/2024/02/20/health/ivf-alabama-abortion.html
Alabama Supreme Court: “Even before birth, all human beings have the image of God, and their lives cannot be destroyed without effacing his glory,”
Can we NOW agree that these abortion bans violate the Establishment Clause?
#LawFedi #Fedilaw #FediProf #Alabama #IVF #abortion #ChristianNationalism

2024-02-24 13:37:41

Amid Florida’s Measles Outbreak, Florida Surgeon General acts unethically and unprofessionally [I changed the headline] https://www.nytimes.com/2024/02/23/well/family/florida-measles-outbreak-joseph-ladapo.html
You don't need to be a scientist or public health expert to know that this is absolutely bonkers.
Children with measles, an incredibly infectious disease, should not be going to school or wandering around making those who cannot vaccinate sick. They can permanently disable someone.
#lawFedi #MedDFedi #Florida #Measles #propaganda #Vaccines #Science

2024-01-24 22:04:57

Ohio lawmakers ban gender-affirming care for minors, overriding governor’s veto https://www.washingtonpost.com/nation/2024/01/24/transcare-veto-override/
As cruel as it is unconstitutional.
Seriously, apart from the fact that these laws target people based on sex, there is not even a legitimate govt reason to deny medical care.
#law #lawFedi #lawfed #fedilaw #lawProf #LGBTQ #equality #Ohio #nastiness

2024-01-06 15:18:04

Abortion rights groups get enough signatures to put abortion on Florida ballot in 2024 https://www.cnn.com/2024/01/05/politics/abortion-rights-group-petition-florida-ballot/index.html
Note though, the Florida Supreme Court must still approve the language
Republicans claim it is misleading
It's not: “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.’
#law #lawfedi #lawprof #abortion #Florida #SCOTUS #SupremeCourt

2024-01-06 15:10:41

Supreme Court says it will decide if Trump qualifies for Colorado ballot https://www.washingtonpost.com/politics/2024/01/05/supreme-court-trump-colorado-ballot-insurrection/?utm_campaign=wp_todays_headlines&utm_medium=email&utm_source=newsletter&wpisrc=nl_headlines
Is it ever good news when this Supreme Court agrees to hear a constitutional question?
#Law #lawfedi #lawprof #lawfed #SupremeCourt #SCOTUS #Trump #Colorado #Fourteenth Amendment #Insurrection

2023-12-29 17:42:20

Top 10 Church-State and Religious Liberty Developments of 2023 https://religionclause.blogspot.com/2023/12/top-10-church-state-and-religious.html
One of the best websites for law and religion is Religion Clause, run by Howard Friedman
He posts relevant developments every day
Here's his list of the year's top ten stories
#law #lawfed #lawfedi #lawandreligion #FirstAmendment #religiousliberty #lawprof #SupremeCourt #SCOTUS #LGBTQ #religion

2023-12-20 21:12:30

Florida Protecting Freedom is confident that it will have more than enough signatures to get on the 2024 ballot a proposed amendment to the Florida Constitution that would protect the right to abortion
The main hurdle to its being on the ballot may be getting the conservative Florida Supreme Court to approve the language.
#Law #lawFed #LawFedi #lawProf #abortion #Florida #constitution

2023-12-20 16:49:50

Colorado Supreme Court on why "officer of the United States" in the Insurrection Clause includes President:
It makes no sense to "disqualif[y] every oath-breaking insurrectionist except the most powerful one & that it bars oath breakers from virtually every office, both state and federal, except the highest one in the land."
#law #lawfed #lawProf #lawfedi #Trump #SCOTUS #colorado #insurrection #FourteenthAmendment

2023-11-08 18:09:04

"This argument is bold, in the same way that Captain Smith’s choice to navigate the Titanic into an iceberg field was bold. The modern concept of protective orders, after all, did not exist at the founding, which makes the absence of laws disarming people subject to protective orders not as dispositive as your average NRA lifetime member would think..." https://slate.com/news-and-politics/2023/11/rahimi-supreme-court-justices-gun-case-spectacle.html
This article is hilarious and spot on
#law #lawfedi #fedilaw #SupremeCourt #SCOTUS #Bruen #guns

2023-10-24 17:34:30

Florida interprets it ban on DEI initiatives as " apply[ing] to all campus programs and activities in which the college or university “endorses or promotes a position” on “topics that polarize or divide society among political, ideological, moral, or religious beliefs, positions, or norms.”" https://newrepublic.com/article/176402/desantiss-war-woke-colleges-absurd-dangerous
It is hard to overstate how unconstitutional this is.
#law #lawFedi #speech #FirstAmendment #censorship #Florida #freespeech #eduction #academicfreedom

2023-10-23 19:30:48

Employees' Objections to Covid Vaccine Were Not Religious https://religionclause.blogspot.com/2023/10/employees-objections-to-covid-vaccine.html
Court: "Foshee’s position, that God gave him a conscience that tells him what to do, similarly amounts to a 'blanket privilege.' The same conscience-based justification could be used to evade any job requirement that Foshee disagreed with.... That reasoning is not subject to any principled limitation in its scope."
#law #lawFedi #lawprof #religion #vaccines #healthcare #medicine #examptions #covid

2023-10-18 21:50:34

School Material on Islam Did Not Violate Current Establishment Clause Test https://religionclause.blogspot.com/2023/10/school-material-on-islam-did-not.html
Providing information about a religion and its beliefs has never been an establishment clause problem.
It is presenting religious beliefs as true that's a problem.
#Religion #Establishment #law #lawFedi #LawProf

2023-10-12 14:16:49

Kansas AG Asks 10th Circuit To End Required Use of Preferred Pronouns https://religionclause.blogspot.com/2023/10/kansas-ag-asks-10th-circuit-to-end.html
I am opposed to religious accommodations that harm others.
And it is quite harmful to deliberately misgender someone.
#law #lawfedi #lawprof #LGBTQ #equality #religion #ChristianNationalism #exemptions

2023-10-10 15:39:58

1st Circuit Remands Covid Vaccine Religious Exemption Case https://religionclause.blogspot.com/2023/10/1st-circuit-remands-covid-vaccine.html
No, no, no.
So much harm will result in creating a religious right to exemptions from vaccines.
Religious exemptions gone amok.
#Law #lawFedi #Religion #exemptions #ChristianNationalism #healthcare #vaccines

2023-10-02 16:56:39

Texas AG Sues Yelp for $1M for Mislabeling Pregnancy Resource Centers http://religionclause.blogspot.com/2023/10/texas-ag-sues-yelp-for-1m-for.html
Crisis pregnancy centers are notorious for misleading women about the services that the offer, hiding the fact that they are not comprehensive clinics but strictly pro-life.
Yelp tried to do the right thing by using its own speech to flag this possibility.
#law #lawfedi #fedilaw #abortion #fraud #deception #Texas

2023-09-28 12:14:51

Senate adopts resolution requiring men to wear business attire on chamber floor https://www.washingtonpost.com/politics/2023/09/27/senate-dress-code-change/?utm_campaign=wp_todays_headlines&utm_medium=email&utm_source=newsletter&wpisrc=nl_headlines
"Notably, the resolution makes no reference to what female senators are expected to wear."
How can the Senate in 2023 pass a resolution that does not acknowledge the existence of women in the Senate?
#law #lawfedi #Congress #Senate #sexism #unconsciousdiscrimination

2023-09-26 20:00:32

Physician Assistant Can Move Ahead with Challenges to Her Dismissal for Her Views on Gender Identity i.e. She is claiming a right to misgender patients and a right to refuse to provide medicall referrals http://religionclause.blogspot.com/2023/09/physician-assistant-can-move-ahead-with.html
A hospital should be able fire someone for refusing to treat patients with the bare minimum of civility and dignity, never mind refusing to observe professional ethics
#law #lawFedi #LGBTQ #equality #religion #ChristianNationalism

2023-09-21 21:36:49

EEOC Sues Over Refusal of Religious Accommodation to Christian from Vaccine Mandate http://religionclause.blogspot.com/2023/09/eeoc-sues-over-refusal-of-religious.html
This seems like an odd use of the EEOC's limited resources.
The Supreme Court's decision in Groff v. DeJoy, which made it easier to seek religious accommodations at work under Title VII, invited lawsuits like this one.
I just didn't expect the EEOC to join in.
#law #lawfedi #fediLaw #TitleVII #religion #vaccines

2023-09-18 21:17:39

Her students reported her for a lesson on race. https://www.washingtonpost.com/education/2023/09/18/south-carolina-teacher-ta-nehisi-coates-racism-lesson/?fbclid=IwAR1aG-4jOmn7JevVxaWgmiY1YPf1xiUQ9OEnlqMFNhLVJFi2Lv2Mk24vtT8
So basically, the laws prevent teaching public school students about America's racist past & present bc a white student can complain the lesson makes them "uncomfortable" due to race
If students do not learn about past #racism, they will never understand present systemic racism, and certainly not how to address it. But that is the point of these laws. To maintain the racist status quo.
#law #Fedilaw #lawFedi #education

2023-09-12 13:10:14

Consent Decree Affirms Public Accommodation Law Exemption for Catholic Bookstore http://religionclause.blogspot.com/2023/09/consent-decree-affirms-public.html
This court gave a for profit bookstore the right to discriminate--the Catholic owners and employees now can misgender customers in violation of the law because of their "religious" beliefs.
#law #lawfedi #discrimination #religion #transrights #LGBTQ #equality

2023-09-08 12:59:35

This morning, the Florida Supreme Court will hear oral arguments on whether to overrule well established precedent that the Florida Constitution's explicit right to privacy protects a right to abortion
The right to privacy in #Florida's Constitution states: “Right of privacy: Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life.”
#law #lawfedi #lawProf #SCOTUS #Florida #RightToPrivacy #abortion

2023-09-07 19:42:41

Abortion access on the line in Florida before DeSantis-heavy Supreme Court https://www.tallahassee.com/story/news/2023/09/07/florida-abortion-access-on-the-line-supreme-court-weighs-ban-privacy/70769194007/
Florida's Constitution contains an explicit right to privacy, and the Florida Supreme Court has repeatedly held that the Fl Const protects the right to abortion.
Unfortunately, Florida's Supreme Court has gotten very conservative, and tomorrow will hear arguments on Florida's 15 week ban.
The Fl S.Ct. is expected to uphold it, paving the way for a 6 week ban
#Law #LawFedi #abortion #Florida

2023-09-06 12:41:54

As Abortion Laws Drive Obstetricians From Red States, Maternity Care Suffers https://www.nytimes.com/2023/09/06/us/politics/abortion-obstetricians-maternity-care.html
"Across the country, in red states like Texas, Oklahoma and Tennessee, obstetricians — including highly skilled doctors who specialize in handling complex and risky pregnancies — are leaving their practices."
#law #lawfedi #lawprof #abortion #healthcare #reproductiverights #reproductivejustice

2023-09-01 18:49:41

Texas Supreme Court Allows Ban on Transgender Care for Minors to Go into Effect http://religionclause.blogspot.com/2023/09/texas-supreme-court-allows-ban-on.html
"The Texas Supreme Court did not provide any written explanation for allowing the law to remain in effect."
So much neeedless cruelty.
#LGBTQ #lawFedi #law #LawProf #religion #healthcare #transrights

2023-08-29 15:23:33

What it means to say that Section 3 of the 14th Amendment is self-executing https://www.dorfonlaw.org/2023/08/what-it-means-to-say-that-section-3-of.html?spref=tw&fbclid=IwAR2Zc6IfwTiKcm75gH__7yVO91tNNoEgnU_i96ZUCc97hKbQylSh2skCoWk
"Section 3 is self-executing in the way that other self-executing provisions of law are, not in the way that laws of nature are. To say that Section 3 is self-executing is to say only that government officials can and indeed must give it effect even absent implementing legislation."
#law #fediLaw #lawFedi #Trump #lawProf

2023-08-01 22:17:22

“Despite having lost, the Defendant was determined to remain in power,” the indictment charges, saying Trump unleashed a blizzard of lies about purported mass voter fraud, and then tried to get state, local, and federal officials to act to change the vote results. https://www.washingtonpost.com/national-security/2023/08/01/trump-indictment-jan-6-2020-election/
FINALLY
#law #lawfedi #Trump #Indictment #voterfraud #BigLie

2023-08-01 16:05:16

“The weight of authority goes against the idea that a president could pardon himself,” said Caroline Mala Corbin, an expert on constitutional law at the University of Miami School of Law. “But the constitutional text does not directly answer the question, so it is possible to come up with a theory that allows it.” https://theintercept.com/2023/07/30/trump-indictments-stormy-daniels-pardon/
#law #lawFedi #lawprof #conlaw #Trump #pardons

2023-07-13 16:29:06

Texas judge who doesn’t want to perform gay marriage ceremonies hopes web designer’s Supreme Court case helps her fight https://www.texastribune.org/2023/07/12/texas-judge-gay-weddings-supreme-court/
A state actor discriminating against a LBGTQ couple is not the same as a private actor doing so. First, the Free Speech Clause interests in speech are much weaker when the speech is not purely private. Second, as state action, the Equal Protection Clause is triggered.
I wrote an essay about it: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2965773
#law #lawFedi #LGBTQ #equality

2023-07-13 13:10:43

F.D.A. Approves First U.S. Over-the-Counter Birth Control Pill https://buff.ly/3XNZ7wS
"Opill would most likely become available from stores and online retailers in the United States in early 2024."
This is great news!
#HealthCare #Pill #equality #law #FediLaw #Fediprof #FediHealth

2023-07-05 16:19:19

- reply

Here's my blog post elaborating on the absurdity of the Supreme Court comparing the requirement that a business open to the public provide their services on an equal basis (303 Creative) with forcing a child in public school to say the Pledge of Allegiance (Barnette)
https://www.dorfonlaw.org/2023/07/303-creative-is-no-barnette-there-is.html
#SupremeCourt #SCOTUS #LGBTQ #equality #discrimination #FreeSpeech #law #lawfedi #lawprof #Fedilaw #CompelledSpeech

2023-07-03 20:06:09

Plus a warning from Justice Sotomayor in 303 Creative: "Although the consequences of today's decision might be most pressing for the #LGBTQ community, the decision's logic cannot be limited to discrimination on the basis of sexual orientation or gender identity."
#SCOTUS #SupremeCourt #303Creative #LGBTQ #equality #discrimination #law #lawfedi #lawprof

2023-07-03 20:05:02

Justice Sotomayor in 303 Creative: "In this pivotal moment, the Court had an opportunity to reaffirm its commitment to equality on behalf of all members of society, including LGBTQ people. It did not do so."
Now there's an understatement.
#SupremeCourt #SCOTUS #LGBTQ #equality #law #lawFedi #lawprof #303Creative

2023-07-03 19:52:52

Smith argues that she doesn't discriminate against gay people bc she will make them other websites.
Justice Sotomayor in 303 Creative: " Smith answers that she will sell other websites for gay and lesbian clients [just not wedding ones]. But then she, like Ollie McClung, who would serve Black people take out but not table service, discriminates against LGBTQ people by offering them a limited menu."
#law #lawfedi #lawprof #303Creative #SupremeCourt SCOTUS #LGBTQ #equality

2023-06-30 16:10:20

- reply

This decision is a nightmare for many reasons.
It welcomes disc against the LGBTQ community
But it is not limited to disc against them nor is it limited to disc by wedding website vendors nor disc by religious folks
It also invites endless litigation, cts will be faced with vendors arguing that their service is expressive & providing it to a group will express approval of that group.
#SCOTUS #supremeCourt #LGBTQ #equality #law #lawFedi #lawFed #LawProf #303Creative

2023-06-30 16:02:22

- reply

The laws protect the equality of the LGBTQ community in two impt ways.
First, they ensure equal access to goods & services. Imagine never knowing if you can actually get an item you need
Second, anti disc laws ensure equal dignity. Again, imagine never knowing is a store will say, sorry we don't serve your kind.
#SCOTUS #supremeCourt #WhiteChristianNationalism #LGBTQ #equality #law #lawFedi #lawFed #LawProf #303Creative

2023-06-30 16:00:15

Ah, but she is not selling a set of sheets but making a website, which has words.
I wrote a whole paper about how "words" do not alway equal "speech" : https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2769949
And again, the law itself targets conduct.
In any event, eding discrimination against the LGBTQ community in places of pubic accommodation should be a compelling state interest.
#SCOTUS #supremeCourt #WhiteChristianNationalism #equality #law #lawFedi #lawFed #LawProf #303Creative

2023-06-30 15:40:38

A thread on #303Creative
First, some background
Colorado bars disc on the basis of sexual orientation in places of public accommodation. If you are a business open to the public you cannot disc against the LGBTQ community.
Lorie Smith is a conservative Christian who disapproves of same-sex marriage and owns a website company.
She wants to expand into the lucrative wedding website market, but she doesn't want to make websites for LGBTQ couples.
#law #lawFedi #LawProf #SupremeCourt #LGBTQ

2023-06-30 14:55:58

The rule seems to be: if a conservative white Christian is unhappy with law bc it doesn't reflect its conservative beliefs the SupremeCourt will change the law or grant the Christian an exception
See e.g. Dobbs, Groff, 303Creative
See also all those cases allowing public Christianity like Town of Greece, AHA, Kennedy
See also covid cases that ignore sicence
etc.
#SCOTUS #supremeCourt #WhiteChristianNationalism #equality #law #lawFedi #lawFed #LawProf #303Creative

2023-06-30 14:12:04

I am sorry, but equating a business providing services on an equal basis with forcing students to recite the Pledge of Allegiance is a travesty.
#303Creative #SCOTUS #Supremecourt #law #lawFedi #LGBTQ #discrimination #compelledspeech

2023-06-30 14:02:29

The Supreme Court has issued its decision in 303 Creative v. Elenis
Gorsuch
Of course, the Christian wins. She has the free speech right to discriminate against LGBTQ couples
Link: https://supremecourt.gov/opinions/22pdf/21-476_c185.pdf
#SupremeCourt #SCOTUS #LGBTQ #equality

2023-06-30 13:36:48

As a First Amendment scholar that writes about white Christian nationalism and the clash between religious/speech rights and equality rights, I am very, very, worried about what this Supreme Court does in 303 Creative
#Law #lawfedi #lawFed #lawProf #SCOTUS #SupremeCourt #LGBTQ #equality #speech #FreeSpeech #discrimination

2023-06-29 14:09:54

Third are the afformative action cases
As expected, #SCOTUS kills affirmative action
Chief Justice argues that both Harvard & UNC's programs violate the equal protection clause of the 14th Amdt
Link: https://supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf
I am sorry
#SupremeCourt #SCOTUS #law #LawFedi #lawprof #FediLaw #AffirmativeAction #race #education

2023-06-29 14:07:29

The second #SCOTUS opinion today is Groff v. DeJoy
It is unanimous
New standard: Title VII required unless "accommodation would result in substantial increased costs in relation to the conduct of its particular business"
Link: https://www.supremecourt.gov/opinions/22pdf/22-174_k536.pdf
#SupremeCourt #SCOTUS #TitleVII #law #LawFedi #LawProf

2023-06-29 13:23:26

I'm too gloomy to come up with a clever quip about the Supreme Court opinions today at 10 am.
As a First Amdt prof I am particularly awaiting rulings on 303 Creative (the free speech right to disc against LGBTQ couples) & Groff (Title VII requirement to accommodate religion unless undue hardship)
and of course, we will soon (today? tomorrow?) have decisions on student loans and affirmative action
#SupremeCourt #SCOTUS #Law #lawfedi #lawProf #LGBTQ #equality #speech #religion

2023-06-27 14:18:59

The last decision today is Moore v. Harper.
Chief Justice writes, rejecting the independent state legislature theory.
PHEW!
Here is the link: https://supremecourt.gov/opinions/22pdf/21-1271_3f14.pdf
#SupremeCourt #SCOTUS #law #LawFedi #FediLaw

2023-06-27 14:13:12

Second #SCOTUS ruling is Counterman v. Colorado
Kagan writing for 7-2 Court
Speaker must have some subjective understanding that speech was threatening in order to count as a true threat, but need only be recklessness
Here is the link: https://supremecourt.gov/opinions/22pdf/22-138_43j7.pdf
#SupremeCourt #law #LawFedi #FediLaw #speech #trueThreat #FreeSpeech #FirstAmendment

2023-06-27 14:12:27

First Supreme Court decision today is Mallory v. Norfolk Southern
Gorsuch writing about personal jurisdiction
Here is the link: https://supremecourt.gov/opinions/22pdf/21-1168_kifl.pdf
#SCOTUS #SupremeCourt #law #lawFedi #FediLaw

2023-06-27 13:51:00

Fashion your seatbelts, I am afraid it is going to be a bumpy SCOTUS ride today.
#SupremeCourt #SCOTUS #law #FediLaw #LawFedi

2023-06-27 13:45:55

There is so much #affirmativeaction for white applicants, isn't there?
Legacy admissions favor them
Sports admissions (tennis, squash, golf, sailing, skiing, swimming, water polo, crew, fencing, hockey, lacrosse, rugby) overall favor white applicants
#SupremeCourt #AffirmativeAction #SCOTUS #education #law #lawFedi #LawProf #FediLaw #FediProf

2023-06-26 21:48:30

"California is one of nine states that banned the use of affirmative action for public universities. In the immediate aftermath, selective schools in the state had a 50% decline in Black and Latino students admitted. Those numbers have never rebounded." https://www.nbcnews.com/politics/supreme-court/colleges-anxiously-await-landmark-affirmative-action-decision-supreme-rcna90835
#SupremeCourt #SCOTUS #affirmativeAction #Law #lawFedi #FediLaw #education #equality

2023-06-25 19:24:58

Among the First Amendment cases the #SupremeCourt will decide this week is Counterman.
In Counterman, the Free Speech Clause issue is the definition of a true threat
True threats are an unprotected category of speech that lies outside the First Amendment.
That is, a govt may ban true threats (e.g. in a stalking statute) without violating the free speech clause.
#SCOTUS #law #lawFedi #Fedilaw #speech

2023-06-23 14:31:40

Yet another day w/o any Supreme Court opinions addressing speech, religion, affirmative action, or bizarre theories of the power of state legislatures
Supreme Court will issue more opinions on Tuesday at 10 am
see you then!
As a First Amdt prof, I am particularly awaiting Counterman (true threats), Groff (Title VII religious accommodations) & 303 Creative (free speech right to disc against LGBTQ in public accommodations)
Next week will be busy!
#SupremeCourt #SCOTUS #law #lawFedi #FediLaw

2023-06-23 13:59:11

Good morning SCOTUS nerds!
Decisions coming soon.
Misery loves company so hi!
#supremecourt #SCOTUS #law #FediLaw #FediProf #lawFedi

2023-06-22 14:04:41

Today's first Supreme Court opinion is Arizona v. Navajo Nation
"The 1868 treaty establishing the Navajo Reservation reserved necessary water to accomplish the purpose of the Navajo Reservation but did not require the United States to take affirmative steps to secure water for the Tribe."
Here is the link: https://www.supremecourt.gov/opinions/22pdf/21-1484_aplc.pdf
#SCOTUS #SupremeCourt #Law #lawFedi #FediLaw #Navajo

2023-06-20 22:11:33

Judge Strikes Down Arkansas Law Banning Gender Transition Care for Minors https://www.nytimes.com/2023/06/20/us/arkansas-transgender-care-ban.html
As well the court should. The law was a disgrace.
#LGBTQ #equality #pride #law #fediLaw #fediProf #lawfedi

2023-06-16 14:12:38

Once again, today's Supreme Court opinions did not address speech, religion, affirmative action, or bizarre theories of the power of state legislatures.
Right now, the next opinion day is next Thursday, June 22.
#Law #lawFedi #LawProf #FirstAmendment #LGBTQ #equality #SCOTUS #SupremeCourt

2023-06-16 13:53:21

Heaven help us, the Supreme Court is issuing opinions today.
As a First Amendment scholar, I am waiting on 303 Creative, Groff, and Counterman
#LawFedi #law #LawProf #SCOTUS #SupremeCourt #FirstAmendment #speech #religion

2023-06-15 14:47:01

- reply

Today's Supreme Court opinions did not address speech, religion, affirmative action, or bizarre theories of the power of state legislatures.
See you tomorrow
#Law #lawFedi #LawProf #FirstAmendment #LGBTQ #equality #SCOTUS #SupremeCourt

2023-06-15 13:47:35

Do you have a knot in your stomach? Yup, the Supreme Court is issuing opinions today at 10 am.
#Law #Lawfedi #LawProf #SCOTUS #SupremeCourt

2023-06-07 13:41:25

US judge in #Florida blocks enforcement of state ban on gender-affirming care https://www.reuters.com/world/us/us-judge-florida-blocks-enforcement-state-ban-gender-affirming-care-2023-06-06/
Judge clear that law based on sex and trans status and therefore triggers intermediate scrutiny under equal protection
Ultimately it doesn't matter bc govt does not even have a legitimate interest, only animus
Opinion starts by stating unequivocally that gender identity is real, transgender people exist, and the medical community consensus is that treatment helps.
#Law #lawFedi #LawProf

2023-06-01 16:05:31

**NEW PAPER**
I have posted a draft of new paper.
Please check it out!!
It is about free speech and originalism.
Free Speech originalism is a bad idea, and is basically used as a cover for the Supreme Court's outcome determinative decisions.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4466315

2023-05-30 15:47:17

How Sexist Is Hollywood? Check Out Geena Davis’s Spreadsheet https://www.nytimes.com/2023/05/25/business/geena-davis-hollywood-sexism-gender.html
"In the 101 top-grossing G-rated films from 1990 to 2005, just 28% of speaking characters were female. Even in crowd scenes—even in animated crowd scenes—male characters vastly outnumber female ones. In the 56 top grossing films of 2018, women portrayed in positions of leadership were four times more likely than men to be shown naked."
#lawfedi #Fedilaw #FediProf #law #gendergap #sexism #RepresentationMatters

2023-05-11 12:15:51

Religious Liberty for All? A Religious Right to Abortion https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4375866
**Have you checked out my new paper yet?**
I argue that Jewish plaintiffs seeking a religious liberty exemption from abortion bans should be entltled to one, esp given the Roberts Court's expansive protection of religion.
#Law #LawFedi #LawProf #abortion #SupremeCourt #SCOTUS #exemptions #FediLaw #ReproductiveRights #religion

2023-05-10 19:10:58

Supreme Court Denies Cert. In Challenge to Indiana Fetal Remains Law http://religionclause.blogspot.com/2023/05/supreme-court-denies-cert-in-challenge.html
Indiana mandated abortion providers to bury or cremate abortions solely to impose its religious view that life begins at conception. That an aborted pregnancy must be treated the same as a human being is obviously a religious view that is not universally shared. The law should violate the Establishment Clause. Of course, it doesn't.
#Law #FediLaw #FediProf #abortion #supremecourt #SCOTUS

2023-05-05 19:24:10

Husband Sued Over His Ex-Wife’s Abortion; Now Her Friends Are Suing Him https://www.nytimes.com/2023/05/04/us/texas-man-suing-ex-wife-abortion.html
"They are countersuing Mr. Silva for invasion of privacy ...[saying] he searched [his wife's] phone without her consent and read their private messages."
#Abortion #Texas #AbortionIsHealthCare #privacy
#Law #lawProf #lawFedi #fediLaw

2023-05-02 20:18:23

Gov Greg Abbott does not understand critical race theory, at all https://www.focusonthefamily.com/episodes/broadcast/a-conversation-with-governor-greg-abbott/
Governor Abbott: a key component of the teachings of Critical Race Theory is the antithesis of what God teaches. The antithesis of what the United States was founded upon. Because what it does is, is Critical Race Theory divides people on the basis of ...And it teaches the contrary of what Martin Luther King Jr. taught us. ...
#law #lawfedi #lawprof #race #CriticalRaceTheory #whitefragility #racism

2023-05-01 14:25:55

Why Didn’t She Scream? And Other Questions Not to Ask a Rape Accuser https://www.nytimes.com/2023/05/01/opinion/e-jean-carroll-trial.html
"And while experts in trauma and sexual assault, such as the psychologist James Hopper, have repeatedly shown that not screaming or crying out — freezing, essentially — is a common brain response to danger, the screaming myth endures."
"During the cross-examination last week,[E. Jean Carroll]: “I don’t need an excuse for not screaming.”
#Rape #Trump #sexism
#Law #LawFedi #LawProf #FediLaw

2023-04-13 22:04:58

Throwback Thursday:
Almost ten years ago, I wrote a paper called Abortion Distortions, which argued that courts were regularly distorting the science when it came to abortion
"Too often abortion opponents distort medical facts and courts accept those distortions as true."
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2375783
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2023-03-30 22:17:03

Grand Jury Votes to Indict Donald Trump in New York
https://www.nytimes.com/live/2023/03/30/nyregion/trump-indictment-news#the-unprecedented-case-against-trump-will-have-wide-ranging-implications
"Any indictment or conviction would not bar Mr. Trump from running. A clean criminal record is not among the criteria the Constitution sets for who is eligible to be president...Still, it would be extraordinary for a person who is under indictment, let alone convicted of a felony, to be a major party nominee."
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