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Micah Schwartzman @micahschwartzman.bsky.social · 2d

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....

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

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Micah Schwartzman @micahschwartzman.bsky.social · 9d

Mazel!

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Reposted by Micah Schwartzman

Payvand Ahdout @payvandahdout.bsky.social · 9d

This from my incomparable colleague, Caleb Nelson, on originalism and the unitary executive theory.

Rick Pildes @rickpildes.bsky.social · 9d

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...

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

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Micah Schwartzman @micahschwartzman.bsky.social · 10d

Here's the text of the law: www.kslegislature.gov/li_2021s/b20.... /end.

www.kslegislature.gov

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Micah Schwartzman @micahschwartzman.bsky.social · 10d

That's also what's happening here: employers must grant exemptions even if employees make fraudulent claims, and no matter how costly the exemption is for the employer. If Caldor is good law (a big if under this Court), this law goes too far and should be tested under the Establishment Clause. /3

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Micah Schwartzman @micahschwartzman.bsky.social · 10d

This looks like a violation of the Establishment Clause under Estate of Thornton v. Caldor, which invalidated an exemption that gave "unyielding weight[] in favor of" religion over all other interests. www.law.cornell.edu/supremecourt... /2

ESTATE OF Donald E. THORNTON and Connecticut, Petitioners, v. CALDOR, INC.

www.law.cornell.edu

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Micah Schwartzman @micahschwartzman.bsky.social · 10d

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

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Micah Schwartzman @micahschwartzman.bsky.social · 10d

This looks like a violation of the Establishment Clause under Estate of Thornton v. Caldor, which invalidated an exemption that gave "unyielding weight[] in favor of" religion over all other interests. /2 www.law.cornell.edu/supremecourt...

ESTATE OF Donald E. THORNTON and Connecticut, Petitioners, v. CALDOR, INC.

www.law.cornell.edu

Micah Schwartzman @micahschwartzman.bsky.social · 15d

Pretty sure I got blocked on Twitter for asking a version of this question — back when it was still Twitter.

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Micah Schwartzman @micahschwartzman.bsky.social · 18d

Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.

Mark Joseph Stern @mjsdc.bsky.social · 18d

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...

The Supreme Court devalues democracy. Thirty-seven state
constitutions block public funds from supporting religious
entities. Richard Schragger, Micah Schwartzman & Nelson Tebbe,
Reestablishing Religion, 92 U. Chi. L. Rev. 199, 211 (2025) .
The Court aims to federally-repeal these state constitutional
provisions.
The Court's beliefs meddle with local and state
governments. Forcing states to send public funds to religious
entities federalizes public policy. By unprincipled fiat. See
also New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 597
U.S. 1 (2022) (zero to superpower).
Taxpayer funds now flow to religious institutions. So, the
government collects money from nonbelievers (under the threat of
jail), and uses some of it to support religion. And since not
all religions will receive public funds, the government forces
minority faiths to support other faiths, or else.
The Court twists text, history, purpose, precedent, and
public meaning to offend the First Amendment's character-of-
government structure and the Constitution's separate sovereignty
structure.
As it steamrolls both, the Court says nothing about church-
state separation and federalism principles. The Court's
nevermind stance to the structural features of the Constitution
"has unfolded with little engagement with, and occasional

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Reposted by Micah Schwartzman

Just Money @justmoney.bsky.social · 19d

📢 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-...

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

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Micah Schwartzman @micahschwartzman.bsky.social · 26d

Session 3 on Proof — philosophy and law of evidence, with Walter Sinnott-Armstrong, Ed Chang, Alex Stein, and Kim Ferzan.

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Micah Schwartzman @micahschwartzman.bsky.social · 27d

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

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Micah Schwartzman @micahschwartzman.bsky.social · Sep 2

Are there Mahmoud-compliant notifications and opt-outs for mandatory gun education in kindergarten?

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

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Micah Schwartzman @micahschwartzman.bsky.social · Sep 2

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?

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Micah Schwartzman @micahschwartzman.bsky.social · Aug 27

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-...

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

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Micah Schwartzman @micahschwartzman.bsky.social · Aug 27

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.

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Micah Schwartzman @micahschwartzman.bsky.social · Aug 26

This seems like a good issue for Becket-supported religious liberty clinics:

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

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Micah Schwartzman @micahschwartzman.bsky.social · Aug 22

Blain is right that this isn’t responsive to the criticism. Rawls never claims there is no ask. Obviously there is. The issue is whether everyone has to answer it in the same way. So us political liberals olds don’t think nouveau-perfectionist liberals get to slide past this problem.

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Micah Schwartzman @micahschwartzman.bsky.social · Aug 21

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)

Toby Buckle @polphilpod.bsky.social · Aug 21

my latest with @newrepublic.com

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

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Reposted by Micah Schwartzman

UVA Law School @uvalaw.bsky.social · Aug 7

Prof. @micahschwartzman.bsky.social ’05 discusses a judge’s ruling applying the free exercise clause in allowing access to treatment to reverse medication abortions. @law360.bsky.social

A Free Exercise 'Blueprint' In Colo. Abortion Reversal Order - Law360

A Colorado federal judge's decision to allow medication abortion "reversals" on free exercise grounds could serve as a model for other lawsuits meant to legitimize a practice that is outside the stand...

www.law360.com

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Micah Schwartzman @micahschwartzman.bsky.social · Aug 6

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...:

Judge Rovner, citing James Nelson's article, Disestablishment at Work: "(noting that misgendering stu-dents- including the refusal to address transgender students by their gendered first names and pronouns - can be particularly harmful when carried out by a teacher and in front of classmates)."

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Micah Schwartzman @micahschwartzman.bsky.social · Jul 24

That’s not how this works, unless you’re a legislator, and then this is how that works.

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Micah Schwartzman @micahschwartzman.bsky.social · Jul 24

Here's the CA9 opinion: cdn.ca9.uscourts.gov/datastore/op...

cdn.ca9.uscourts.gov

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Micah Schwartzman @micahschwartzman.bsky.social · Jul 24

CA9 panel holds that Oregon policy requiring adoptive parents to respect a child's sexual orientation/gender identity favored one religion over another, citing the Court's recent Establishment Clause decision in Catholic Charities.

So if you tell the state that its abortion ban violates your faith?

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