Federal judge grants preliminary injunction against New York's vaccination mandate for healthcare workers, determining workers are likely to succeed that the state must constitutionally exempt individuals with religious objections. via @DanClarkReports drive.google.com/file/d/1Hk-6yu…
The Court also determined that the state's mandatory vaccination policy is likely unlawful under Title VII and runs afoul of the Supremacy Clause.

A strange position. The workers are sidestepping the normal EEOC process in order to bring a con law claim through the back door.
The Court applied strict scrutiny to the order because a previous draft of the order included a medical and religious exemption, but the final order removed the religious exemption.
Here, the judge determined the order was a compelling governmental interest but that it failed because it was not narrowly tailored. The state could have offered objectors the option to be tested daily and mandated masking for unvaccinated religious objectors.

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More from @AnthonyMKreis

1 Jun
There’s a lot of talk about the Tulsa riot, but it was one point in a pattern of racial violence in American cities. The Atlanta race riot of 1906 continues to shape the city today— it was deadly and gave birth to a new wave of segregation and disenfranchisement in Georgia.
In fall 1906, Georgia was in the middle of a hotly contested gubernatorial election. Hoke Smith (who won) ran a campaign grounded in white supremacy— he repeatedly made baseless allegations that Black men were sexually assaulting white women and Georgians should take action.
At the same time, Atlanta was rapidly growing. Poor Black Georgians and poor whites flooded the city looking for work. The stiff competition for jobs between white and Black Atlantans stirred up anger among white Atlantans, who resented having to stand on equal footing for work.
Read 9 tweets
24 May
Georgia’s anti-BDS law is struck down in federal court as violative of the First Amendment. #gapol cair.com/wp-content/upl…
The crux of the analysis: Georgia doesn’t need to suppress speech to further whatever interest it has in foreign relations.
This is actually a MTD. But the law is all but toast.
Read 5 tweets
2 Dec 20
There’s been a lot of discussion about what legal scholarship is or should be here lately, but one thing that strikes me (and it has been said before) is the legal academy’s strange notion of originality. Other fields do a much better job in recognizing that the production of
knowledge is not about novelty, but building on old theories, looking at the same evidence in a new way, or harmonizing different schools of thought with new analysis. The idea of preemption, which is really acutely problematic with law students, is one symptom of this.
Just a fairly random Wednesday thought.
Read 4 tweets
14 Aug 19
This week and next week, many 1Ls will start law school. There are plenty of good thoughts out there about tips for incoming students, but I wanted to throw in a few more with some geared toward first generation college graduates and first generation lawyers:
(1) First things, first: congratulations to achieving great success to earn your way to law school.

(2) Get to know your profs and build relationships with them. We're here to help you understand course materials and connect you with folks in the profession-- we enjoy doing it!
(3) There is a learning curve to navigating the law school world, don't worry if it feels uniquely burdensome. Plenty of us felt that way too, and your colleagues will, as well.

(4) If you don't know what something is (like law review, clerkships, etc.)-- don't be afraid to ask.
Read 9 tweets
21 Oct 18
“Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth, the most drastic move yet...to roll back recognition and protections of transgender people under federal civil rights law.” nyti.ms/2R9W1jB
A few things. First, this policy ignores the fact that there are intersex persons. Second, we should be horrified at the idea of government mandating genetic tests for anything. Third, this would erase transgender people’s existence but it would harm a wider group of folks. 1/
If the Admin’s idea that our notions of what discrimination “because of sex” boils down to sex organs— yikes. That undermines protections for gender non-conforming cisgender people, gays/lesbians/bisexuals, and stereotypes used to discriminate against cisgender heterosexuals.
Read 5 tweets

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