Everybody’s searching for intimacy Ooh ooh ooh ooh Everybody’s hurting for intimacy Ooh ooh ooh oohThe New York Times reported (Florida Approves Tough Discipline for College Staff Who Break Bathroom Law) that on Wednesday, August 23, 2023 the Florida Board of Education adopted new rules requiring the firing of employees at the state’s 28 regional
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Masking White Supremacy
“They reached for tomorrow / But tomorrow’s more of the same”In its decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), the Republican-appointed supermajority of the Supreme Court held that the use of race in the undergraduate admissions programs of Harvard College and the…
Don’t Worry About Roe, Conservative Prof Misleadingly Argues
“Let yourself go,/ Relax,/ And let yourself go.Relax,/ You’ve got yourself tied up in a knot.” I had originally reacted with incredulity about a recent effort to paint Amy Coney Barrett’s nomination to the Supreme Court as largely irrelevant to the fate of Roe v. Wade and constitutional protection for reproductive rights. I drafted…
Damn the Consequences, Gorsuch Says
“So let the chips fall where they mayAnd let these matters be settled this wayWe’ll let our judgement get carried away”
Yesterday, the Supreme Court ruled, as described by Chief Justice Roberts in his dissent, that “a huge swathe of Oklahoma is actually a Creek Indian reservation, on which the State may not prosecute serious…
Title VII Means What It Says, Supreme Court Rules, Cheering LGBT Workers
“But you got dreams
He’ll never take away”
In Bostock v. Clayton County, the U.S. Supreme Court ruled today that firing employees because they are “homosexual or transgender” violates the ban on sex discrimination in Title VII of the Civil Rights Act of 1964, the major federal employment discrimination statute. This is a position…
Respectfully, You Lose: Masterpiece Cakeshop gets cited in state court
“Oh baby refrain from breaking my heart”
In what appears to be the first judicial opinion to cite the Supreme Court’s ruling in Masterpiece Cakeshop v. Colorado Civil Rights Commission, an Arizona appeals court has rejected a claim by a hand-painted and hand-lettered stationery business and its Christian owners for a religious…
Equal Is Equal* (*some exceptions may apply): Marriage Equality in Texas and Pidgeon v. Turner
“Found
alternative sides to the things that were said”
Acting
in Pidgeon v. Turner (HT @JoeDunman for the opinion copy), the Supreme Court of Texas (SCOTX) has gratuitously protracted
the efforts of the city of Houston to treat its lesbian, gay, and bisexual
employees constitutionally and hence equally. The court unanimously reversed a lower appeals court’s…
Full Appeals Court Rules Federal Law Forbids Sexual Orientation Discrimination in Employment
You’re applying for a job/So
you’re filling out a form
And for all intents and
purposes/You fit into the norm
Until it says to list your
next of kin/But there’s no box to fit you in
In a landmark decision, the U.S. Court of
Appeals for the Seventh Circuit has held that the federal statute…
Appeals Court Sustains Temporary Restraint on Trump Immigration EO
“You got
your tricks
Good for
you
But there’s
no gambit I don’t see through”
Yesterday the U.S. Court of Appeals for the
Ninth Circuit unanimously held that the federal trial judge in Seattle who granted
a nationwide temporary restraining order (TRO) suspending Trump’s immigration ban executive order (EO) did not exceed his discretion. The…
Sanitizing Scalia
“Memories to be erased
And nasty old stuff you’ve been hiding”
The
Harvard Law Review recently published its issue dedicated in memoriam to the late Supreme Court Justice Antonin Scalia. I know the point of such exercises is to say
nice things about the person memorialized.
But I would hope that even an academic such…