#lawfed — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #lawfed, aggregated by home.social.
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The meme I made for my modern day commerce clause class:
#lawFedi #lawProf #lawfed #conlaw #commerceclause #law #SCOTUS #Federalism
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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
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This is where #LeonardLeo and the #FederalistSociety gets the first payoff on all the money they've invested in packing #SCOTUS with far-right operatives
Thomas and Alito and Kavanaugh and Barrett about to pay off big now for Leo and the #FedSoc
Roberts wondering how he's been so badly blind-sided by his own craven culpability
#Law #LawFedi #LawProf #LawFed #SupremeCourt #SCOTUS #Trump #Colorado #FourteenthAmendment #Insurrection
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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
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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
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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
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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
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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
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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
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Donald Trump removed from Maine primary ballot by secretary of state https://www.washingtonpost.com/politics/2023/12/28/maine-trump-primary-ballot/
"The evidence here demonstrates that [Jan 6 Insurrection] occurred at the behest of, and with the knowledge and support of, the outgoing President. The U.S. Constitution does not tolerate an assault on the foundations of our government, and [Maine law] requires me to act in response.”
#law #lawfed #lawfedi #Trump #Insurrection #Jan6 #Maine #FourteenthAmendment #lawprof
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Anyone else get Marbury v. Madison energy from the Colorado lower court decision finding that Trump did in fact engage in insurrection but that he could not be struck from ballot bc the Disqualification Clause does not apply to Presidents?
Damns the actor, but then says can't rule against him
#law #lawfed #lawProf #lawfedi #Trump #SCOTUS #colorado #insurrection #FourteenthAmendment #conlaw
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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
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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 & ... bar[] 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
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So excited that my Critical Race Theory Analysis of Critical Race Theoy Bans is almost finished.
All that is left is the page numbers!
Here's the link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4409726
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Dear Bar Takers,
Congratulations on finishing day 1!
Just one more day. You got this.Good luck!
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CW: SCOTUS, LGBTQ rights, RT
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
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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
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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
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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
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Second, providing a service to a couple is not the same thing as saying you approve of everything the couple is or does.
If you sold a couple a set of sheets, does it mean you approve of everything they do with them?
This is just not how we view commercial transactions.
#SCOTUS #supremeCourt #WhiteChristianNationalism #LGBTQ #equality #law #lawFedi #lawFed #LawProf #303Creative
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There are several problems w this conclusion.
First, the govt is not compelling her to say anything. Instead, it is forcing her business to provide equal access to services & not disc against same-sex couples.
This is a regulation of conduct that incidentally affects speech not a direct regulation of speech, which matters in the law as it triggers a lower level of scrutiny.
#law #lawfedi #lawfed #lawprof #SupremeCourt #SCOTUS #LGBTQ #303Creative
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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
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I am so sorry for all my friends, family, and colleagues who are being treated like a second class citizens by this Supreme Court
#SCOTUS #SupremeCourt #303Creative #law #lawfedi #lawfed #lawprof #LGBTQ #equality #speech
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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 #law #lawfedi #lawfed #lawprof
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303 Creative is the case where a web site designer argues that she has a free speech right to discriminate against gay couples.
She is challenging Colorado's public accommodations law
She argues that making a wedding website for a same-sex couple forces her to convey messages that clash with her religious views
Although grounded in religion, her claim is a free speech one
#SupremeCourt #SCOTUS #law #LawFed #LawFedi #lawprof #LGBTQ #equality #discrimination #speech
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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
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The Court decided on recklessness.
What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."
Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."
#SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw
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The Court decided on recklessness.
What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."
Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."
#SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw
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The Court decided on recklessness.
What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."
Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."
#SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw
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The Court decided on recklessness.
What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."
Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."
#SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw
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The Court decided on recklessness.
What exactly does recklessness entail? According to #Counterman, "in the threats context, it means the speaker is aware that others could regard his statements as threatening violence and delivers them anyway."
Kagan notes: "reckless defendants have done more than make a bad mistake. They have consciously accpeted a substantial risk of inflicting serious harm."
#SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw
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Second SCOTUS opinion today is Pugin v Garland
"Individuals can obstruct the process of justice even when an investigation or proceeding is not pending"
Link: https://supremecourt.gov/opinions/22pdf/22-23_d18e.pdf
#SupremeCourt #SCOTUS #obstruction #law #lawFedi #Fedilaw #lawFed #LawProf #obstruction
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The Supreme Court's second (and final) ruling today is US ex rel. Polansky v. Executive Health Resources.
Justice Kagan
It is about dismissing a whistleblower lawsuit under the False Claims Act.
Here is the link: https://www.supremecourt.gov/opinions/22pdf/21-1052_fd9g.pdf
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#SupremeCourt's third and last decision for today is Smith v. United States,
"Const permits retrial of defendant following a trial in an improper venue conducted before a jury from the wrong district"
Here is the link: https://www.supremecourt.gov/opinions/22pdf/21-1576_e29g.pdf
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Next #SCOTUS decision is Haaland v. Brackeen,
The Court rejects the challenges to the Indian Child Welfare Act & upholds 5th Circuit finding that "law is consistent with Congress's Article I authority"
Here is the link: https://www.supremecourt.gov/opinions/22pdf/21-376_7l48.pdf
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NEW ARTICLE: Religious Liberty for All? A Religious Right to Abortion
link:https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4375866The Supreme Court has been supremely generous with religious exemptions, at least when sought by conservative Christians.
The resulting expansive religious liberty doctrine should mean that Jews seeking religious exemptions from abortion bans should also prevail.
Not likely.
#law #lawfedi #lawfed #lawprof #abortion #SupremeCourt #SCOTUS #religion #religiousLiberty
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Her baby has a deadly diagnosis. Her Florida doctors refused an abortion.
https://www.washingtonpost.com/health/2023/02/18/florida-abortion-ban-unviable-pregnancy-potter-syndrome/"Even though medical experts expect their baby to survive only 20 minutes to a couple of hours, the Dorberts say their doctors told them that because of the new legislation, they could not terminate the pregnancy."
It is hard to overstate the cruelty of this regime