Dear Bar Takers,

Congratulations on finishing day 1!
Just one more day. You got this.

Good luck!

#law #lawFed #lawprof #lawstudent #bar #barExam

RT@CarolineMalaCorbin@mastodon.lawprofs.org

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

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

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

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

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

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

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

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

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

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."

#SCOTUS #SupremeCourt #TrueThreat #speech #FreeSpeech #law #lawFedi #lawFed #FediLaw

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 #lawFed #LawProf #obstruction

Good morning.

Do you feel slightly nervous, ill?
Seeing omens in the sky?

The Supreme Court is about to issue opinions

#SCOTUS #SupremeCourt #law #lawFedi #lawFed #lawprof #FediLaw

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

#SupremeCourt #SCOTUS #law #lawfed #LawFedi #LawProf

#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

#SCOTUS #law #lawFedi #Lawprof #lawfed #retrial

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

#SupremeCourt #law #LawFedi #lawFed #LawProf

NEW ARTICLE: Religious Liberty for All? A Religious Right to Abortion
link:https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4375866

The 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

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

#abortion #Florida #Law #Lawfedi #lawFed #lawProf #FediLaw

Florida College Cancels Concert Over Gay Singer, Drawing Backlash https://www.nytimes.com/2023/02/14/arts/music/pensacola-college-kings-singers.html

"college cancelled the ensemble two hours before the concert was to begin because of concerns about what it called the lifestyle of a singer, who is gay"

Wow, this is ridiculous

#LGBTQ #Religion #discrimination #lawFed #FediLaw #law #lawProf