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Abhi Kambli Profile picture
@Abhishe69329001
Jun 19 • 4 tweets • 1 min read • Read on X
The ripple effects of SFFA are still occurring in state courts around the country. This was an easy decision because SFFA held you can’t discriminate on the basis of race especially for amorphous reasons such as diversity. The next shoe to drop will likely be workplace DEI under Title VII. Let’s discuss.
If a government is treating someone differently based on race, it must satisfy strict scrutiny under the Equal Protection Clause. This involves a compelling government interest and narrow tailoring to meet it. It used to be that diversity qualified as that compelling interest. Not after SFFA.
The fact that there is no compelling interest effectively ends the analysis but the court here also concluded that this program was not narrowly tailored either. As I noted before post-SFFA this is an easy call but it’s only a matter of time before this hits workplace DEI.
The major reason corporations scaled back their DEI programs (or at least claimed to) is that there is not a significant difference in how Title VII and Equal Protection work in terms of the standard for race based discrimination. Combine that with EEOC strictly enforcing the law against private employers and DOJ suing public employers under Title VII, we could soon see precedent applying SFFA to employment. We’ll have to stay tuned!

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More from @Abhishe69329001

Abhi Kambli Profile picture
Jun 18
A busy legal news day with a huge decision from CA9 that allows the president to exclude several agencies from unionizing. What’s especially important is the court’s holding on First Amendment retaliation that could have broader implications. I’ll explain below.
One avenue that Plaintiffs have been utilizing to get courts to review otherwise unreviewable executive actions is raising a First Amendment retaliation claim. Judges have been more than happy to oblige by watering down the First Amendment’s retaliation standard.
The key aspect of First Amendment retaliation that courts have been brushing over is that it is NOT enough that the President or others may have taken an action against someone for protected conduct. The protected conduct has to be the “but for” cause of the action.
Read 5 tweets
Abhi Kambli Profile picture
Jun 17
I can say that in my 13+ years of practice I have never seen anything like this. From the court’s opinion (and keep in mind this is about letting murderers out of jail): “Again and again the DAO has made unreliable concessions unsupported by the facts and law. And when conceding relief, the DAO has repeatedly lacked candor to the court,misrepresented facts, failed to conduct adequate investigations, and inexplicably dodged necessary evidentiary hearings.” Let’s discuss.
First, the issue is a state post conviction relief statute that allows certain defendants who are wrongfully convicted to get relief. What happened here is the Philadelphia DA’s office under Larry Krasner’s abused it by repeatedly making misrepresentations to the court.
Second, it’s important to note that it’s the court, not the prosecutor, that ultimately decides whether relief is granted. But the Court can’t conduct its own investigation and relies on the prosecutor conducting its duty to administer justice and to provide correct information.
Read 7 tweets
Abhi Kambli Profile picture
Jun 16
The saga of Judge Eleanor Ross takes another intriguing turn this time providing DOJ a victory in her recusal motion. Those keeping track are likely aware of in chamber affairs that spawned the initial scrutiny. This motion was based on her attending Fani Willis election party.
This is significant because it is a case where DOJ is seeking election records. Obviously a friendship with someone prosecuting President Trump in relation to the 2020 election would cast serious doubts on her objectivity. This was the right move. But it raises other questions.
The elephant in the room is Judge Ross shows no signs that she is resigning. The fact that she’s ruling on her recusal motion likely means she isn’t going forward anywhere anytime soon. And the only way she would get removed is impeachment.
Read 4 tweets
Abhi Kambli Profile picture
Jun 13
On top of judges ignoring the limits on their jurisdiction, a huge problem has been the inability of the judiciary to police itself. Here, the first time Judge Merriam got into trouble for treating her clerks harshly she was let off with little punishment. Then it happened again.
This time the Second Circuit took the right steps to address the misconduct right? Wrong. It concluded, “The December 2023 order shall remain in effect and is
reinforced pursuant to the terms outlined below, concluding this complaint.” The judge’s name was left off the order.
Judge Merriam has agreed to voluntarily take additional steps to improve the work environment in her chambers. Setting aside the fact that it shouldn’t be hard for a judge avoid repeatedly mistreating their clerks it raises serious issues about judicial accountability.
Read 6 tweets
Abhi Kambli Profile picture
Jun 12
UFC fans (me included) can breathe a huge sigh of relief as sanity prevails in DDC, where a judge allowed the fights to continue. This case presented absurd aesthetic standing theories that left Judge Mehta no choice but to deny TRO. Let’s break down precisely how absurd it was.
To get into court in the first place a Plaintiff must show they’re injured by what’s happened. Here the claim was an aesthetic injury that viewing the structures associated with the UFC event will diminish their personal enjoyment of the WH and Lincoln Memorial.
Aesthetic injury can be enough for standing (though it probably shouldn’t). But this was too much for Judge Mehta as he held that incidentally viewing something unpleasant without more is not enough to establish standing.
Read 6 tweets
Abhi Kambli Profile picture
Jun 11
Huge decision from the federal circuit granting a stay of the Court of International Trade’s injunction of the Section 122 tariffs pending appeal. This issue has a lengthy history and I’ll summarize how we got here, what the court did and what it means.
As you may recall earlier this year, SCOTUS struck down President Trump’s tariffs under IEEPA. The decision is complicated but it ultimately boils down to the statute the administration utilized for this authority did not authorize the tariffs.
But the administration took another approach to instituting tariffs. This one under Section 122 of the Trade Act of 1974 that allows the President temporary power to address serious “balance-of-payments” emergencies. That term is important to how this stay was decided.
Read 10 tweets

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