The excellent atty for plaintiffs concludes with two more args

On the right being limited to info: To interpret the right to privacy so narrowly would destabilize many other rights that have relied on it, like parental rights

On the concern about the unborn: If you overrule, you would be allowing the state to force someone to take on increased risk and harm for the sake of others, which is unprecedented.

#law #lawFedi #FediLaw #lawProf #abortion #Florida #healthCare #RightToPrivacy

Arguments have started!

Plaintiff for women tries to make her argument, but keeps getting interrupted with procedural questions.

is the Florida Supreme Court trying to reject the challenge without being obviously political?

#law #oralragument #lawfedi #lawprof #abortion #Florida #SCOTUS

Unfortunately, like the U.S. Supreme Court, the Florida Supreme Court has taken a sharp turn to the right

But unlike the U.S. Supreme Court, the Florida Supreme Court must contend with an explicit right to privacy in the state's constitution.

#law #lawfedi #lawProf #SCOTUS #Florida #RightToPrivacy #AbortionIsHealthCare #abortion

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

Hey #tax professionals in the #lawfedi world, Bloomberg is looking to hear from you about what changes you’d like to see in the industry.

They want short essays (<300 words) by September 29. It’s a great opportunity to not only air your broader tax policy/industry grievances but get a publication under your name.

DM me any questions and I’ll pass them along.

@law #writing #lawprof #taxfedi

https://news.bloombergtax.com/tax-insights-and-commentary/what-part-of-tax-law-would-you-like-to-change-share-your-views?context=search&index=9

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

Trump's Lies: The Unconstitutionality of Government Propaganda
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3552222

I wrote this before I was on Mastodon, but it seemed worth posting tonight. . .

"The Free Speech Clause as currently interpreted has no part to play in combating govt propaganda bc it is govt speech...This Article argues that govt propaganda, although govt speech, ought to be regarded as covered by, and in violation of, the Free Speech Clause."

#law #lawfedi #Trump #indictiment #propaganda #BigLie #lawprof

“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

"New evidence reveals that it’s not ambition per se that women are being penalized for....
The problem arises if people perceive them to be forceful, controlling, commanding & outspoken. These are qualities for which men are regularly given a pass, but they put women at risk of being disliked and denied for leadership roles. (Not surprisingly, the backlash is even stronger when a woman is Black)" https://www.nytimes.com/2023/07/31/opinion/women-language-work.html

Oops

#Law #LawProf #LawFedi #GenderGay #Equality #Sexism

Dear Bar Takers,

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

Good luck!

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

http://blog.scottgurvey.com/?p=5422

#lawprof

outstanding blog post by @CarolineMalaCorbin on the anti LGTB decision by SCOTU

I have read several blog posts on this, and this is the only one that is even half way clear

#SupremeCourt #SCOTUS #LGBTQ #equality #discrimination #FreeSpeech #law #lawfedi #lawprof #Fedilaw #CompelledSpeech

https://www.dorfonlaw.org/2023/07/303-creative-is-no-barnette-there-is.html

Dear C
thanks

if I may, could you, as a lawyer, clear up a point that a lot of us maybe confused about ?

In the 303 case, a fake website request is involved, and many hear on tusker think that this invalidates the legal arguments

but I have seen contrary opinion

thanks

#SupremeCourt #SCOTUS #LGBTQ #equality #discrimination #FreeSpeech #law #lawfedi #lawprof #Fedilaw #CompelledSpeech

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

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

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

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

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