Constitutional law professor specializing in religion, speech, and women's rights. Fond of art, science, and equality.
Dec 5, 2022 • 77 tweets • 9 min read
The Supreme Court's argument in #303Creative v. Elenis is about to begin.
#303 atty arguing that her client is being compelled to say messages contrary to her conscience. Same-sex marriage is against scripture
At issue is whether a website design co has a free speech right to discriminate against same-sex couples
I’ll be live-tweeting
But first let me, a First Amendment prof, provide some background
#SupremeCourt
303 Creative, a website co, wants to expand into the wedding market.
However, it wants only heterosexual wedding clients, as it believes same-sex marriage conflicts with God’s will
Plus it wants to put a statement on the website explaining its refusal to serve same-sex couples
Dec 1, 2021 • 62 tweets • 10 min read
Good morning,
I am a constitutional law professor who worked briefly at the ACLU Reproductive Freedom Project.
I will be livetweeting Dobbs v. Jackson’s Women’s Health Org at 10 ET, but in the meantime, here's some basic background info
#SCOTUS#SupremeCourt#abortion#Dobbs
Ever since the Supreme Ct established the constitutional right to abortion in Roe, it has been unconstitutional to outright ban abortion before viability, which is the point at which the fetus may survive outside the women’s uterus.
SCOTUS has repeatedly reaffirmed this rule.
Dec 12, 2020 • 6 tweets • 6 min read
Last night the Supreme Court rejected Republicans’ attempt to overturn the election results in 4 key states on the grounds that Texas had no standing
Let me provide you w/ some background law on constitutional religious freedom challenges to help you make sense of the recent Supreme Court decision, as well as other decisions percolating in the courts.
#SCOTUS#SupremeCourt#covid#covid19
The controlling rule is that neutral and generally applicable laws do not violate the Free Exercise Clause (that clause in the First Amendment that protects religious liberty).
Neutral and generally applicable laws are CONSTITUTIONAL
Supreme Court Backs Religious Challenge to NY Virus Shutdown Order buff.ly/3m8fRvt
Gorsuch: "there is no world in which the Constitution tolerates color-coded executive edicts that reopen liquor stores & bike shops but shutter churches, synagogues and mosques,”
"The constitutionality of the bans turns on the science of how the pathogen spreads & the best available scientific evidence supports the mass gathering bans."
A brief background on the abortion and the Supreme Court. (I’m a conlaw professor, and did a stint at the ACLU Reproductive Freedom Project)
#SCOTUS#abortion
As most people realize, #SCOTUS declared that the right to abortion was a fundamental right in Roe v. Wade, and that any infringement was subject to strict scrutiny. Just about any restriction in the first trimester (when most abortions occur) would be unconstitutional.
Jan 22, 2020 • 15 tweets • 10 min read
The Supreme Court is set to hear Espinoza v. Montana Dept of Revenue today, about funding of religious schools.
But it is not an Establishment Clause challenge to govt funding of religion. Nope.
It is a Free Exercise one about the failure to fund religion.
#SCOTUS#Espinoza
In #Espinoza, Montana created a tax credit program where for every dollar you donated to a school scholarship org, you get a dollar off your tax bill.
The school scholarship org would then provide scholarships for students at private schools.
