"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...

New to Bluesky, and posting a new paper: "Antisemitism, Anti-Zionism, and Title VI: A Guide for the Perplexed" -- with @beidelson.bsky.social. Forthcoming in Harv. L. Rev. Forum in June. (papers.ssrn.com/sol3/papers....). A thread follows.

My 2024 Const Day remarks on US v. Skrmetti's implications for wider EP doctrine are now on SSRN: ssrn.com/abstract=526.... The major takeaway: each of the ways the S Ct could rule *against* heightened scrutiny for trans ppl wd require doing damage to one of the core principles of modern EP doctrine

Good news from Montana--a state court has struck down a gender affirming care ban, calling the ban what it is: an ideological attack on transgender people. Many state constitutions offer more protection against gender discrimination than the federal one. www.aclumontana.org/sites/defaul...

My brother was diagnosed w/autism the week my mom learned she was pregnant w/me over 40 yrs ago. Autism & autistic people have been a welcome part of my life & my family’s lives ever since. This RFK quote is so absurd, offensive, and shameful that only one word can describe it: wrong. In every way.

Time to speak up

I’ve taken the Senate floor and will speak for as long as I’m physically able to lift the voices of Americans who are being harmed and not being heard in this moment of crisis. Watch here:

It's critical for everyone to remember what an Executive Order is. It is the President communicating orders to members of the executive branch. Policies to pursue, actions to take, etc. They are not laws. They are not close to being laws. They are formalized memos to employees. That's all.

We will not blindly follow illegal orders because Donald Trump wrote them down on a piece of paper. Illinois follows the laws of the land – not the decrees of an aspiring king hell bent on disenfranchising millions of voters who deserve to have their voice heard.

This segment from @maryannefranks.bsky.social is an incredibly tight argument that captures the breadth of the Trump assault on free speech perfectly and in less than a minute. Spread it far and wide.

PPP is organizing working groups of law students & lawyers who are committed to ensuring our profession is on the right side of history. If you are interested in being part of this effort, please fill out this form and our team will be in touch with you shortly: docs.google.com/forms/d/e/1F... (4/4)

Does textualism promote or protect equality? @law.rutgers.edu Professor @katieeyer.bsky.social‬ argues that it does in her article “Textualism as an Equality Practice?” Check it out here: buff.ly/r4V21nc #WomenAlsoKnowLaw

There are so many other terrrible things happening but this is terrible to--and worth noting it is in direct contravention of the statutory design of Title VI (short 🧵) www.pressherald.com/2025/03/11/u...

"Textualism can promote equality before the law." @katieeyer.bsky.social @womenknowlaw.bsky.social #womenalsoknowlaw @law.rutgers.edu

happy international women’s day

This "immediate cancellation" violates the law. If the Admin thinks Columbia has violated Title VI by being deliberately indifferent to antisemitic harassment, it has to give Columbia a chance for a hearing first, make findings on the record, & wait 30 days. www.nytimes.com/live/2025/03...

This is very good, and raises a troubling q that Wurman and Barnett fail to answer. Set citizenship aside for the moments Under their account, are the children of undocumented migrants even entitled to the equal protection of the laws? That’s not at all clear. Here’s why. 1.

“Of Health Care, Birthright Citizenship, and the New Politics of Legal Scholarship,” with @anthonymkreis.bsky.social. www.dorfonlaw.org/2025/03/of-h...

Wondering about the legality of DJT's EOs purporting to read Title IX to *require* a variety of anti-trans measures? I have updated my forthcoming Article to address: ssrn.com/abstract=494... Topline summary: the text of TIX neither authorizes nor permits such mandatory anti-trans measures.

The final vote: 51-45, with 4 people absent. CLOTURE FAILS, A CONGRESSIONAL SPORTS BAN WILL NOT HAPPEN. Democrats hold firm, not a single dem voted for cloture. MAJOR victory for everyone who called in today and this week in support of trans people.

Duckworth N CLOTURE FAILS, CONGRESSIONAL SPORTS BAN WILL NOT HAPPEN. Last few votes rolling in.

before trans participation in sports was banned in utah in 2022: • 4/75,000 school athletes were trans • 1/75,000 was a trans girl not that it’s ever been about sports or numbers and not that the number matters even a little but tuberville’s bullshit is *so* outrageously untrue.

Federal workers are the people doing the hard work to process veterans’ benefits, make sure our airplanes can fly safely, and protect families from the bird flu. To all of our federal workers: I see you and I’m fighting for you.

Here's a list of user-friendly resources about state courts and constitutions, like: -an interactive map on abortion rights -a curated database of important state constitutional rulings & briefs -details on judicial financial disclosures and way more @statecourtreport.bsky.social

1/X My latest article, Textualism as an Equality Practice? (forthcoming in the Texas L Rev) is now up on SSRN: ssrn.com/abstract=514.... In the piece, I take up the claim of several prominent textualists that textualism may serve to protect or promote equality.

In this post, I explain why Barnett and Wurman's response to me and other critics of their NY Times oped on birthright citizenship fails to effectively refute key objections, especially that their argument would deny citizenship to freed slaves: reason.com/volokh/2025/...

If you’re wondering, like I was, what’s “illegal” about DEI efforts in the eyes of the new administration, this thread is a helpful explainer.

Those are all excellent papers. I cite them and offer another angle (towards the same conclusion that race-neutral means of achieving racial diversity are permissible) in my recent Tex L Rev article.

For those who haven't seen it, here is DOE's "Dear Colleague" letter on SFFA: www.ed.gov/media/docume.... Most concerningly, the letter states that Ed views actions taken to "increase racial diversity" as unlawful race discrimination, even when they don't treat individuals differently based on race.

Calling historians, legal scholars, and constitutional studies crowd! The State Constitutions Lab will hold our first seminar of the year with Adam Sopko (Wisconsin) on Feb 27 @ 1 PM (EST) to discuss his essay "The Supervisory Power of State Supreme Courts" RSVP here: forms.gle/DL1DLb2tdfMj...

It’s good to see people mobilizing. Find a group near you that’s taking steps to fight what’s going on. Join. Help out as you can.

Congratulations to #RutgersLaw professors Rose Cuison-Villazor and Katie Eyer who made the list of the "Top 100 Legal Scholars of 2024." George Mason Univ. researchers curated the list based on citations in law review articles published between 2018 and 2020 with a focus on active impact. (1/2)

The study accounts for co-authorship. In addition, the study mentions that Rutgers Law performed well above its U.S. News ranking: papers.ssrn.com/sol3/papers.... #Rutgers #lawschool #newark #camden #newjersey #legalexcellence #highereducation @katieeyer.bsky.social (2/2)

Indirect Costs and Trump's Attack on Independent Voices. My latest post: buttondown.com/sbagen/archi...