#lawprof — Public Fediverse posts

The meme I made for my modern day commerce clause class:

#lawFedi #lawProf #lawfed #conlaw #commerceclause #law #SCOTUS #Federalism

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

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

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

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

Nevermind the every day benefits due to unconscious discrimination, so that even if work of white applicants is not actually better, their teachers may think it is, and grade it accordingly, and write recommendation based on this belief -- even if totally in good faith

#SupremeCourt #AffirmativeAction #SCOTUS #education #law #lawFedi #LawProf #FediLaw #FediProf

Nevermind the every day advantages white students have of good neighborhoods and good public schools.

It is not that their parents worked harder, but that the law favored their home ownership and states decided to fund schools based on that

#SupremeCourt #AffirmativeAction #SCOTUS #education #law #lawFedi #LawProf #FediLaw #FediProf

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

In Groff v. DeJoy, an postal worker wanted Sundays off to observe his Sabbath, which forced coworkers to cover for him.
His employer refused

Title VII requires that employers accommodate the religious needs of their employees unless the accommodation would impose an undue hardship

The #SupremeCourt has in the past interpreted this standard leniently: “An ‘undue hardship’ is one that results in more than a de minimis cost to the employer.”

#law #lawFedi #LawProf #Fedilaw #SCOTUS #TitleVII

Why wasn't SCOTUS all onboard given its record of privileging religion regardless of cost?

Maybe
One, it was a clash between two of its favorite things, religion and business

Two, Kavanaugh observed there were religious interests on both sides, the Sabbath observer employee who felt compelled to go to church on Sunday and his coworkers who would cover him who might have wanted to go to church on Sunday.

#SCOTUS #SupremeCourt #Groff #TitleVII #FediLaw #Law #LawFedi #LawProf #employment

There is much to hate about Dobbs, but one thing that makes it unbearable is the way Supreme Court affirmed, with close to zero discussion, Geduldig's nonsensical holding that pregnancy discrimination is not sex discrimination

#abortion #sexism #Dobbs #Geduldig #SupremeCourt #SCOTUS #law #lawfedi #lawprof

Cert. Granted To Review Title VII "Undue Hardship" Test For Religious Accommodation https://buff.ly/3ZCIfdj

" In the case, the U.S. 3rd Circuit Court of Appeals held that accommodating a Sunday sabbath observer by allowing him not to report for work on Sunday would cause an 'undue hardship'to the U.S. Postal Service. "

I always worry when the Supreme Court decides to hear a religion case

#ChristianNationalism #SCOTUS #SupremeCourt #law #lawfedi #lawprof #religion #TitleVII #undueburden

Christian School Teacher Fired for urging the school's principal to show acceptance and understanding of LGBT Students Files Suit http://religionclause.blogspot.com/2022/12/christian-school-teacher-fired-for.html

Not all religious claims are brought by conservatives.

#religion #religiousliberty #TitleVII #TitleIX #lawfedi #LGBTQ #law #lawprof

Rachel provided moving remarks on Randle DeFalco’s terrific new book “Invisible Atrocities.” The book discusses the aesthetic biases of ICL.

Rachel recounted the inhumanity of incarceration without parole, or as she calls it “death by incarceration.”

#asilmym #asil #lawprofs #lawprof #fedilaw #lawfedi

Saying goodbye to these two as I had out to Miami for the American Society of #international #law Midyear Meeting (#ASIL #MYM #MYM2022).

Photo co-credit: @joaomarinotti

#dogs #mastadogs #dogsofmastodon #lawprofs #lawprof #lawtwitter #lawfedi #fedilaw