a thought i had while talking to a friend is that a federal end to partisan gerrymandering has to be at the top of the democratic party's agenda, and may likely get there because of threat the status quo poises to black representation, and thus black political involvement altogether.

1/3 Since this has gotten more attention than I expected, I thought I'd follow up w/ a bit more explanation. There is no basis in Title IX for the Trump administration to go after Smith for admitting trans women. (Link to full text of statute here: www.justice.gov/crt/title-ix...).

I am not sure most people understand how completely bananas these investigations are. Title IX has an explicit carveout for private college admissions (meaning it is entirely up to Smith who to admit). This is not just arguing for a reinterpretation of Tile IX, it is plain and simple bad faith.

I helped draft this language five years ago and wrote a legal analysis of its provisions. Glad to see it (briefly) come back from the dead.

So pls must prove intentional discrimination, without over-relying on proof of effects and historical racism, while having to actively disprove partisan intent; must also produce a map that achieves the state's nonracial goals, which can include maintaining a partisan map w/ few maj-min districts

A Democratic president with simple majorities in Congress could enact proportional representation for the House—no amendments required. 50%+1 could end the filibuster, expand SCOTUS, expand the House, and enact PR by state. And add new states like D.C. to rebalance the Senate while they’re at it

Big news! On Mon the Montana S Ct held that anti-transgender discrimination is sex discrim under the Montana constitution, and that anti-trans discrim is itself suspect. The decision affirms a prelim inj of a MT law/policy prohibiting BC & ID amds where inconsistent w sex assigned at birth. A 🧵:

1/X Chiles is out today: www.supremecourt.gov/opinions/25p.... The immediate consequence is to hold that the 1st Amd prevents CO (& other states) from prohibiting talk-based conversion therapy with LGBTQ minors. This is alone is bad and harmful. But the broader reasoning is even more troubling. A 🧵:

1/X Chiles is out today: www.supremecourt.gov/opinions/25p.... The immediate consequence is to hold that the 1st Amd prevents CO (& other states) from prohibiting talk-based conversion therapy with LGBTQ minors. This is alone is bad and harmful. But the broader reasoning is even more troubling. A 🧵:

I'm afraid I can't just sit here and say nothing when another law professor gives false testimony to Congress about the meaning of the Fourteenth Amendment. Ilan Wurman has given false testimony to Congress, being fully on notice of the falsity. I do not think this is fairly debatable. 1.

Harper to the judge: "Your driver's license doesn't list your height and weight at birth. It doesn't list where you used to live. It identifies who you are now."

Powerful comments from my dear colleague @rcolker.bsky.social www.thelantern.com/2026/03/form...

Honored to find out that I am on this list of top-cited legal scholars again this year: papers.ssrn.com/sol3/papers..... Lots of others on this list whose work I deeply admire, including @jessicaclarke.bsky.social @miriamseifter.bsky.social @jdmortenson.bsky.social and many others! Congrats, all!

I really appreciate this TikToker with Tourette syndrome, Shay, for taking the time to educate so many of us (including me) about her disability and coprolalia in light of what happened at the BAFTAs with John Davidson when Michael B. Jordan and Delroy Lindo were on stage. I learned a lot.

Here's a link to Prof. Portuondo's article -- "Free Exercise and the Redistribution of Liberty"-- forthcoming in @yalelawjournal.bsky.social: papers.ssrn.com/sol3/papers..... [2/2]

Extending 42 USC 1983 to federal officers has become a moral necessity.

I was happy to hear the amicus brief that I authored for the trans sports cases get a mention from one of the advocates today at oral argument. It is available here if anyone wants to know more about the "as applied" EP issue discussed at oral argument: www.supremecourt.gov/DocketPDF/24...

Oh my gosh you guys! The House just passed my bill to extend the health care tax credits for three more years!

This this this

Great news.

On today's Transgender Day of Remembrance, I wanted to share my most recent essay, Institutional Challenges in an Authoritarian Age, in which I talk about the threat that rising authoritarianism in the US poses for the transgender community and their allies: papers.ssrn.com/abstract=577...

Out today in HLR, my piece Skrmetti Beyond Scrutiny. What happened, what it means for trans rights and sex equality more broadly: harvardlawreview.org/print/vol-13...

to be clear: the government's claim - validated by the Court - is that it would *irreparably harm* the president to not misgender trans people

In a recent article, @katieeyer.bsky.social of @law.rutgers.edu argues that, after Loper Bright, a textual reading of Title IX’s ban on discrimination “on the basis of sex” leaves agencies and courts no room to exclude LGBTQ students from its protection. www.theregreview.org/2025/10/29/h...

No Kings, Philadelphia

Frogs of New York

Northfield, MN NO KINGS!!

No Kings New York

Had the pleasure of attending today’s No Kings rally with my 85 year old mom and 51 year old sister. The family that protests together?

Hi, I'm the ProPublica reporter who's been tracking an unusual stat: U.S. citizens grabbed by immigration agents. I did it because the government isn’t. This is what I found.

No Kings won't gain us any ground, it's true. But No Kings helps us hold the line — a line that is very much at risk There can be no mass movement if the masses succumb to fear and despair

Honored to have been voted a Distinguished Prof by my faculty today. It still has to go to the University but this is the vote that means the most to me! Sincere gratitude to anyone who wrote on my behalf (we don't find out who our letter writers were, so this is the best I can do to say ty!)

I wrote about trans visibility in a time of rising transphobia for @theverge.com www.theverge.com/cs/features/...

Very nice piece from my colleague @stevevladeck.bsky.social in today's Times on the illegality of Trump's troop deployments to American cities. www.nytimes.com/2025/10/07/o...

"About 52% of the patients that I’m operating on are [gunshot wounds], and the other half are explosive injuries."

Heritage Foundation has released an absolutely insane policy proposal to label all trans people as domestic terrorists. It uses completely made up instances of terrorism and made up statistics but facts don't matter to them. They want us all eradicated.

BREAKING: The Supreme Court — over the objection of Justices Sotomayor, Kagan, and Jackson — allows the Trump administration’s racial profiling of people working certain types of jobs in its immigration raids during litigation.

This is a terrific thread.

In Kluge, CA7 today reinstated a public school teacher's claim for a religious accommodation to avoid calling transgender students by their chosen names. Judge Rovner's dissent cites and quotes @profjdnelson.bsky.social's article, Disestablishment at Work, www.yalelawjournal.org/article/dise...:

My latest essay is now up on SSRN: papers.ssrn.com/sol3/papers..... In it, I explore the opportunities that state constitutions afford for recognizing a right of gender autonomy (the right to self-identify and self-express one's gender free from state intervention). Feedback welcome!

1/X Since Skrmetti was decided & the SCT gtd review in the trans sports cases I’ve been contemplating whether I have anything useful to say here on Bsky about trans rts. Uncharacteristically for me, I'm not feeling especially optimistic about the *law* RN & that's not exactly a novel take. BUT (a 🧵)

This is a weird sad thing to post on social media but I was hoping some of you dog lovers out there could say a prayer for our poor foster dog Geno, who through a series of terrible events (involving escalating possessiveness of me & aggression to others) wound up having to be euthanized last week.

Under anti-classification doctrine, Tennessee’s ban on gender-affirming care warranted closer-look review. The law drew lines based on sex and transgender status—both of which should trigger heightened scrutiny, @katieeyer.bsky.social of @law.rutgers.edu argues. www.theregreview.org/2025/07/14/e...

The Skrmetti decision "leaves the courts free to continue to apply closer-look review to most transgender rights contexts" but also provides cover to "refuse to see sex or gender identify classifications," @katieeyer.bsky.social of @law.rutgers.edu argues. www.theregreview.org/2025/07/14/e...

Can't wait to read this book by the fabulous @serenamayeri.bsky.social! Serena's work is always fascinating, illuminating and original. Congrats Serena and can't wait to read! www.amazon.com/Marital-Priv...

Important to read this decision in the context of longer-term efforts by SCOTUS to chip away at private enforcement of civil rights & social welfare laws. I'll put a bunch of relevant background reading in the thread 🧵:

Another facet of this has to do w/ whom private plaintiffs can sue & what they are able to recover. This is one reason why the resurgence of state sovereign immunity over the last several decades is such a big deal, as @katieeyer.bsky.social & I have argued: www.yalelawjournal.org/feature/disa...

Glad to be able to write an op-ed with @katieeyer.bsky.social & @sandrasperino.bsky.social on why it's time to retire the judge-made rules used to dismiss employment discrimination cases: news.bloomberglaw.com/us-law-week/...

From our article: "[A]t the Supreme Court, disability cases have continued to provide the site for new retrenchments in Congress’s spending power, alongside robust assertions of the Court’s own authority."

This seems like something to watch - and is consistent with a trend that @katieeyer.bsky.social & I flagged in our @yalelawjournal.bsky.social article on "Disability and the Ongoing Federalism Revolution": www.yalelawjournal.org/feature/disa...