,
5 tweets,
1 min read
Read on Twitter
Kerr v Marshall 18-780 was distributed for the Feb 15 conference. (Defendants have waived their right to respond.)
LISTED! 💪🌈🎈
LISTED! 💪🌈🎈
My sense is that the Court will bundle this with Zarda and another pro se petition presenting similar textual Civil Rights Act issues under Title VII. I’m ok with shared oral argument, if that happens.
E.g., if ACLU or Lambda has already signed on for one of those cases, I’d be happy to let them argue the CRA, so that I can focus time on the unique-to-4CCA academic immunity question.
Note that Kerr v Marshall, in addition to sexual orientation discrimination, also contests improper dismissal of due process and defamation claims. I bet the Court will see this as a reason to bundle.
So I’m predicting “grant.” Little chance oral argument occurs this term - but not impossible. Also predict court goes w 7CCA and 2CCA on CRA, overrules contrary law relied on by 11CCA, sends my other 2 claims back with admonition to reconsider in light of x, y, z.
