Micah Schwartzman
@micahschwartzman.bsky.social
Law professor at the University of Virginia.
Still (and always) a sucker for the hard copy.
November 25, 2025 at 8:12 PM
Still (and always) a sucker for the hard copy.
All the religious liberty clinics/litigation shops rushing to file amicus briefs opposing EEOC’s demand for lists of Jews, right?
Federal Suit Seeking Names of Some Jewish Employees at Penn Sparks Backlash
www.nytimes.com
November 22, 2025 at 6:19 PM
All the religious liberty clinics/litigation shops rushing to file amicus briefs opposing EEOC’s demand for lists of Jews, right?
Same for legal academics — need more who teach and write about the First Amendment.
Relatedly: hire more religion reporters.
Please.
I'm begging you.
Please.
I'm begging you.
Okay that's four stories with my byline on them today can i go to bed now
November 21, 2025 at 5:11 AM
Same for legal academics — need more who teach and write about the First Amendment.
Since postliberalism is having another moment where people seems to be confused about what it is, here are a few papers that might be helpful:
1. The intellectual energy comes from Catholic integralism — for an early critique, see digital.sandiego.edu/sdlr/vol56/i...,
1. The intellectual energy comes from Catholic integralism — for an early critique, see digital.sandiego.edu/sdlr/vol56/i...,
The Unreasonableness of Catholic Integralism
In this symposium contribution, we argue that Catholic integralism is unreasonable. Our conception of reasonableness is defined in terms of substantive moral and epistemic commitments to respecting t...
digital.sandiego.edu
November 19, 2025 at 1:08 AM
Since postliberalism is having another moment where people seems to be confused about what it is, here are a few papers that might be helpful:
1. The intellectual energy comes from Catholic integralism — for an early critique, see digital.sandiego.edu/sdlr/vol56/i...,
1. The intellectual energy comes from Catholic integralism — for an early critique, see digital.sandiego.edu/sdlr/vol56/i...,
Suddenly antiliberals who defined “liberalism” to include pretty much the entire American political tradition — from Jeffersonian republicanism to Reagan fusionism, and everything in between — are quite particular about what counts under the recently manufactured concept of “postliberalism.”
November 13, 2025 at 3:27 AM
Suddenly antiliberals who defined “liberalism” to include pretty much the entire American political tradition — from Jeffersonian republicanism to Reagan fusionism, and everything in between — are quite particular about what counts under the recently manufactured concept of “postliberalism.”
Apparently, over at the other place, integralists are having a meltdown about the claim that they paved the way for groypers. Antisemitism couldn’t have anything to do with it, because “nothing bad” would happen to you in an integralist society (except for that Mortara thing).
November 13, 2025 at 12:27 AM
Apparently, over at the other place, integralists are having a meltdown about the claim that they paved the way for groypers. Antisemitism couldn’t have anything to do with it, because “nothing bad” would happen to you in an integralist society (except for that Mortara thing).
This is on the right track, but not quite accurate. Even before Crean & Fimister, the integralists’ take on the Mortara Affair made the quick re-branding necessary. The need for an exoteric labeling was present at the launch of the integralist revival.
November 12, 2025 at 10:44 PM
This is on the right track, but not quite accurate. Even before Crean & Fimister, the integralists’ take on the Mortara Affair made the quick re-branding necessary. The need for an exoteric labeling was present at the launch of the integralist revival.
Your regular reminder that “postliberalism” is just Catholic integralism — the revival of which started in 2018 with a debate over whether it was ok for a 19th century pope to kidnap a Jewish child (recall firstthings.com/non-possumus/).
November 12, 2025 at 8:12 PM
Your regular reminder that “postliberalism” is just Catholic integralism — the revival of which started in 2018 with a debate over whether it was ok for a 19th century pope to kidnap a Jewish child (recall firstthings.com/non-possumus/).
I don’t know anything about Nordic paganism, but I do know something about evidence of animus under Masterpiece Cakeshop — and no one has given this guy the talk.
Hegseth: "We don't need to be a military of beardos anymore. Do you know how many troops claim to be Nordic Pagan? No, suddenly it's become this real fake religious affiliation inside the Pentagon where troops came to be Nordic Pagan so they can grow a beard and nobody challenges them on it."
November 12, 2025 at 7:37 PM
I don’t know anything about Nordic paganism, but I do know something about evidence of animus under Masterpiece Cakeshop — and no one has given this guy the talk.
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
The Structure of Religious Preference - Harvard Law Review
A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.
harvardlawreview.org
November 11, 2025 at 1:48 AM
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment.
harvardlawreview.org/print/vol-13...
harvardlawreview.org/print/vol-13...
Robbie George showing, perhaps unwittingly, that any decent political morality is going to have some conception of reasonableness.
Why I Reject ‘No Enemies to the Right’ | National Review
Conservatives must make clear that we will not treat the foundational principle of inherent and equal human dignity as optional.
www.nationalreview.com
November 2, 2025 at 9:54 PM
Robbie George showing, perhaps unwittingly, that any decent political morality is going to have some conception of reasonableness.
This piece on Kagan/KBJ mainstreams discussion of an argument about judicial strategy that @nelsontebbe.bsky.social and I staked out in our article “Establishment Clause Appeasement” several years ago: papers.ssrn.com/sol3/papers..... /1
The Debate Dividing the Supreme Court’s Liberal Justices
www.nytimes.com
November 2, 2025 at 1:36 AM
This piece on Kagan/KBJ mainstreams discussion of an argument about judicial strategy that @nelsontebbe.bsky.social and I staked out in our article “Establishment Clause Appeasement” several years ago: papers.ssrn.com/sol3/papers..... /1
Does blocking people on twitter because they asked some critical/clarifying questions violate the Rapoport Rules and the internal morality of reasoned disagreement? (Asking for everyone who isn't an integralist.)
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
How to Disagree
How should one respond to an argument that one believes to be wrong, or egregiously wrong? What is the proper tone? Does disagreement have an internal morality?
papers.ssrn.com
October 7, 2025 at 12:37 AM
Does blocking people on twitter because they asked some critical/clarifying questions violate the Rapoport Rules and the internal morality of reasoned disagreement? (Asking for everyone who isn't an integralist.)
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Micah Schwartzman
This from my incomparable colleague, Caleb Nelson, on originalism and the unitary executive theory.
At NYU's Democracy Project (more on that later), Prof. Caleb Nelson has a feature essay arguing that originalism does not support the unitary executive branch theory. Caleb is one of the country's leading originalist scholars, frequently cited by the Court.
democracyproject.org/posts/must-a...
democracyproject.org/posts/must-a...
Special Feature: Must Administrative Officers Serve at the President’s Pleasure?
A broad range of views on democracy to help break the stalemate caused by partisan conflict.
democracyproject.org
September 29, 2025 at 6:39 PM
This from my incomparable colleague, Caleb Nelson, on originalism and the unitary executive theory.
Kansas passed a law making it illegal for hospitals (or any employer) to require COVID vaccination unless they grant a religious exemption -- with no inquiry into the sincerity of those who claim it. Basically, employers must allow automatic exemptions. (h/t @doritreiss.bsky.social). /1
September 28, 2025 at 3:11 PM
Kansas passed a law making it illegal for hospitals (or any employer) to require COVID vaccination unless they grant a religious exemption -- with no inquiry into the sincerity of those who claim it. Basically, employers must allow automatic exemptions. (h/t @doritreiss.bsky.social). /1
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
Check out Justice Eddins’ complete repudiation of the Roberts Court here. It’s worth reading in full. It’s quite brave—and exceedingly rare—for a sitting judge to speak so candidly and scathingly about SCOTUS’ partisan contortions of law, history, and fact.
www.courts.state.hi.us/wp-content/u...
www.courts.state.hi.us/wp-content/u...
September 20, 2025 at 7:07 PM
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
Reposted by Micah Schwartzman
📢 NOMOS 2025 Annual Conference: Capitalism and Socialism
Panels on value & money
🗓 Sept 26, 12–6:45 PM EST | Hybrid: Harvard Safra Center + Zoom
justmoney.org/2025-annual-...
Panels on value & money
🗓 Sept 26, 12–6:45 PM EST | Hybrid: Harvard Safra Center + Zoom
justmoney.org/2025-annual-...
Announcement2025 Annual Conference of NOMOS : Capitalism and Socialism
American Society for Political and Legal Philosophy – September 26, 2025, 12:00-6:45 EST
justmoney.org
September 19, 2025 at 3:33 PM
📢 NOMOS 2025 Annual Conference: Capitalism and Socialism
Panels on value & money
🗓 Sept 26, 12–6:45 PM EST | Hybrid: Harvard Safra Center + Zoom
justmoney.org/2025-annual-...
Panels on value & money
🗓 Sept 26, 12–6:45 PM EST | Hybrid: Harvard Safra Center + Zoom
justmoney.org/2025-annual-...
Session 3 on Proof — philosophy and law of evidence, with Walter Sinnott-Armstrong, Ed Chang, Alex Stein, and Kim Ferzan.
September 12, 2025 at 2:00 PM
Session 3 on Proof — philosophy and law of evidence, with Walter Sinnott-Armstrong, Ed Chang, Alex Stein, and Kim Ferzan.
Honoring Fred Schauer today: www.law.virginia.edu/event/rules-...
Rules and Reasons: A Conference for Fred Schauer
An interdisciplinary and international group of scholars will explore the legacy of the late UVA Law professor Frederick Schauer, a world-renowned scholar whose work spanned law and philosophy, eviden...
www.law.virginia.edu
September 11, 2025 at 5:19 PM
Honoring Fred Schauer today: www.law.virginia.edu/event/rules-...
Are there Mahmoud-compliant notifications and opt-outs for mandatory gun education in kindergarten?
www.washingtonpost.com/nation/2025/...
www.washingtonpost.com/nation/2025/...
New school year brings mandatory gun safety lessons for students in some states
All students in Tennessee public and charter schools must begin annual firearm safety lessons after the state became the first to pass a law requiring the training.
www.washingtonpost.com
September 2, 2025 at 8:55 PM
Are there Mahmoud-compliant notifications and opt-outs for mandatory gun education in kindergarten?
www.washingtonpost.com/nation/2025/...
www.washingtonpost.com/nation/2025/...
Sunstein seems to think it’s an open question in religious liberty cases whether the government’s interest in prohibiting discrimination against gay people is as strong as its interest in prohibiting animal cruelty. That does make me wonder if he thinks that’s also true for race discrimination?
September 2, 2025 at 2:17 AM
Sunstein seems to think it’s an open question in religious liberty cases whether the government’s interest in prohibiting discrimination against gay people is as strong as its interest in prohibiting animal cruelty. That does make me wonder if he thinks that’s also true for race discrimination?
This conference in honor and memory of Fred Schauer is open to the public and will be held at @uvalaw.bsky.social on Sept. 11-12. The full schedule of panels and speakers is linked below.
www.law.virginia.edu/event/rules-...
www.law.virginia.edu/event/rules-...
Rules and Reasons: A Conference for Fred Schauer
An interdisciplinary and international group of scholars will explore the legacy of the late UVA Law professor Frederick Schauer, a world-renowned scholar whose work spanned law and philosophy, eviden...
www.law.virginia.edu
August 27, 2025 at 6:38 PM
This conference in honor and memory of Fred Schauer is open to the public and will be held at @uvalaw.bsky.social on Sept. 11-12. The full schedule of panels and speakers is linked below.
www.law.virginia.edu/event/rules-...
www.law.virginia.edu/event/rules-...
Registration is open for the NOMOS conference on Capitalism and Socialism. The Zoom and registration links, as well as the final schedule and paper titles are available at www.political-theory.org. With thanks to the Edmond & Lily Safra Center for Ethics @harvard.edu for hosting.
August 27, 2025 at 1:24 PM
Registration is open for the NOMOS conference on Capitalism and Socialism. The Zoom and registration links, as well as the final schedule and paper titles are available at www.political-theory.org. With thanks to the Edmond & Lily Safra Center for Ethics @harvard.edu for hosting.
This seems like a good issue for Becket-supported religious liberty clinics:
ctmirror.org/2025/08/22/c...
ctmirror.org/2025/08/22/c...
CT Jewish leaders denounce new rules for federal security grants
Recipients of the nonprofit security grant will be prohibited from DEI programming, staging some boycotts or helping undocumented immigrants.
ctmirror.org
August 26, 2025 at 3:25 PM
This seems like a good issue for Becket-supported religious liberty clinics:
ctmirror.org/2025/08/22/c...
ctmirror.org/2025/08/22/c...
If this piece relies on a “Cliff notes” reading of Rawls, then maybe it’s time to throw away the notes and read what Rawls actually wrote. (h/t @neufeld.bsky.social)
my latest with @newrepublic.com
liberalism isn't the 'referee of politics'. it's a player, & it must win
newrepublic.com/article/1992...
liberalism isn't the 'referee of politics'. it's a player, & it must win
newrepublic.com/article/1992...
Liberals: Alas, the Time Has Come to Throw John Rawls Under the Bus
The greatest liberal philosopher of the twentieth century guided his creed toward neutrality. In the age of Trump, we can no longer afford that.
newrepublic.com
August 21, 2025 at 6:54 PM
If this piece relies on a “Cliff notes” reading of Rawls, then maybe it’s time to throw away the notes and read what Rawls actually wrote. (h/t @neufeld.bsky.social)