marciamccormick.bsky.social - Profile | ThreadSky | a Reddit-style client for Bluesky

If you're monitoring the legality of corporate DEI programs, pay attention to the S.Ct's oral arguments in Ames v. Ohio Dep't of Youth Servs. this Wed., Feb. 26th. DEI critics are eyeing the case as fuel to use reverse discrimination claims to target corporate DEI initiatives. @usfca-pr.bsky.social

submitted 23 hours ago • 0 comments

Via Instagram: Disability rights protest to protect Sec. 504 in front of the U.S. Capitol Building 3/1/25, 11 am. www.instagram.com/reel/DGbgzyP...

submitted 1 day ago • 2 comments

DOGE isn't saving us money. DOGE is forcing us to DIY society--to manage all the costs, risks, and problems that government is best poised to solve.

submitted 2 days ago • 26 comments

“RESIST. DO NOT COMPLY WITH THEIR ILLEGAL MANDATES.”Judge Ortiz emailed her EEOC colleagues after the anti-trans EO. She told me, “The unknown was not as scary as being complicit and not speaking up. I can exist on cornflakes and community at the end of the day if it means that my soul is intact.”

submitted 3 days ago • 25 comments

ABA is suspending enforcement of its DEI mandate for law schools after the ed department told schools to comply w/ fed law it says prohibits race or gender-based policies by 2/28 or risk losing federal funding schools have already begun making changes news.bloomberglaw.com/product/blaw...

submitted 3 days ago • 2 comments

For faculty who are wondering about the steps of putting together a teach-in on what is currently happening, I threw together a quick guide based on some of what we did at Michigan - Feel free to pass it around and open to any suggestions - docs.google.com/document/d/1...

submitted 3 days ago • 0 comments

Judith Butler: "Once you decide that a single vulnerable minority can be sacrificed, you’re operating within a fascist logic, because that means there might be a second one you’re willing to sacrifice, and a third, a fourth, and then what happens?"

submitted 3 days ago • 25 comments

Woah. A friend just sent this #appellatejobs opening to me. I’m not in a position to pursue it. But it sounds awesome! Minnesota Attorney General’s Office, in the Solicitor General’s group. Reading between the lines—this is go fight Trump litigation job. #appellatesky #appellatetwitter

submitted 3 days ago • 1 comment

This is quite significant in many ways: the overt thuggery, Trump’s barely suppressed fury at being contradicted by a woman, the governor’s standing up, the total abandonment of the pretense of federalism, the continuing use of trans Americans the way Hitler used Jews.

submitted 3 days ago • 298 comments

I am definitely going to be saying secret airy from now on.

submitted 3 days ago • 0 comments

Students want WashU to speak out publicly against the threats to research, be more transparent in its efforts to fight cuts and promise to fill any possible gaps in funding with university funds. ✍️ @michelemunz.bsky.social www.stltoday.com/news/local/e...

submitted 4 days ago • 0 comments

This will be terrific! Cc @sluhealthlaw.bsky.social

submitted 4 days ago • 0 comments

So this is good news. The Supreme Court held that an Alabama law requiring state exhaustion for a § 1983 claim was unenforceable. Take note Fed Courts students! www.supremecourt.gov/opinions/24p...

submitted 4 days ago • 0 comments

Great letter from my colleagues @sbagen.bsky.social, @mjschlanger.bsky.social and other legal scholars across the country explaining why it is not necessary to start eliminating university programs because Trump

submitted 4 days ago • 6 comments

I have a new draft paper on SSRN called “Statutory Backups for Endangered Constitutional Rights.” A “statutory backup right” is a statutory right that parallels a constitutional right that is believed to be at risk of judicial abrogation. An example is the Respect for Marriage Act of 2022. 1/3

submitted 4 days ago • 6 comments

This one is notable because the Court again declines to decide what level of scrutiny applies to discrimination against transgender people, relying instead on Bostock to conclude that discrimination on the basis of transgender status is necessarily discrimination on the basis of sex.

submitted 5 days ago • 2 comments

I don't know if there is this person, but I am thinking about people using state constitutions for some protections. The problem is that the strategy and theory underpinning his stuff seems like a one-way ratchet, and depends on aligning with lots of big money backers.

submitted 5 days ago • 1 comment

Major news! A court in Montana has just declared SB458, a bill that "defines sex" in a way that ends the legal recognition of transgender people in Montana, as facially unconstitutional. This is the first time a bill defining sex has been ruled on! Huge win for trans people in MT!

submitted 6 days ago • 95 comments

Really don’t think we can understate how much troll culture is now political culture

submitted 6 days ago • 68 comments

🧵Who is opposing the Trump administration? I analysed 76 actions of the administration since inauguration and then searched for meaningful opposition to each. I grouped the types of opposition and considered what we can learn from both them & actions where opposition has been lacking 1/24

submitted 7 days ago • 89 comments

i think the reporting on costco’s decision to tell activist investors to pound sand sort of missed the point; costco’s board evaluated the evidence and results and faithfully executed their duty to their shareholders. it wasn’t about company culture or DEI or woke whatever, it was business.

submitted 10 days ago • 18 comments

My favorite kind of shopping

submitted 10 days ago • 4 comments

What standing does the Missouri AG have to bring a lawsuit for the terms and conditions of employment at Starbucks under federal law? Bailey knows he's not the United States Government, right?https://www.washingtonpost.com/business/2025/02/13/starbucks-dei-diversity-missouri-hiring-andrew-bailey/

submitted 11 days ago • 13 comments

DOJ leadership has put all Public Integrity Section lawyers into a room with 1 hour to decide who will dismiss Adams indictment or else all will be fired. Sending them strength to stand by their oath, which is to support the Constitution, not the president’s political agenda. 🇺🇸

submitted 11 days ago • 1065 comments

Missouri's AG Andrew Bailey is suing Starbucks, arguing that its workforce is too "female" and "non-white" and as a result Missouri consumers “pay higher prices and wait longer for goods and services" because its workforce is "less qualified" This is a brazenly racist and sexist lawsuit.

submitted 11 days ago • 1305 comments

This would be a terrific opportunity!

submitted 11 days ago • 0 comments

We knew it, but still...

submitted 11 days ago • 0 comments

Weaponizing online abuse concepts for authoritarian ends, see example. Thanks for including me in this piece Ken Bensinger of the @nytimes.com www.nytimes.com/2025/02/12/b...

submitted 11 days ago • 1 comment

🤢

submitted 12 days ago • 0 comments

The Massachusetts federal district court (where a bunch of suits challenging Trump policies are being filed) just changed its local rules to bar judge-shopping in Worcester or Springfield in suits seeking nationwide relief: www.mad.uscourts.gov/general/pdf/... This is how you do it, N.D. Tex.

submitted 13 days ago • 28 comments

OK, I wrote my “who’s going to enforce it?” piece. It’s a lengthy read, trying to respond to a lot of questions I’ve gotten over the past three weeks, but it’s about democracy so I decided it was worth it to lay out in depth, with examples, what I’ve been talking about here and elsewhere.

submitted 13 days ago • 91 comments

This seems way wrong. Losing the remainder of their term is clearly a concrete and particularized injury. And declaratory and injunctive relief will definitely redress their reputational injuries by showing they were wronged.

submitted 13 days ago • 1 comment

BREAKING: In response to doctors' lawsuit, Judge John Bates, a George W. Bush appointee, orders CDC, NIH, and FDA to put back up websites and datasets cited by the doctors in their lawsuit as having been relied upon and pulled down without notice. storage.courtlistener.com/recap/gov.us...

submitted 14 days ago • 305 comments

Government by troll . . .

submitted 14 days ago • 0 comments

An important message from the ABA: "We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party ... change must be made in the right way. Americans expect no less."

submitted 14 days ago • 67 comments

The idea that there should be a public debate about the appropriate medical care for a minuscule population of children remains one of the most absurd lies that these liberal transphobes, NYT edit board included, tell themselves. No there shouldn’t! It’s not an appropriate matter for public debate!

submitted 16 days ago • 50 comments

Why are gender and sex so fragile they must be imposed upon us by law, using every institution?

submitted 15 days ago • 2 comments

Truly, we are at a moment when we need organizations — the ABA, ALI, law firms, law schools — speaking out. As Judge Coughenour said, “There are other times in world history where we look back and people of goodwill can say where were the judges, where were the lawyers?” It’s time for the lawyers.

submitted 16 days ago • 48 comments

Ironic, given that he is one of the main drivers of the current moment.

submitted 16 days ago • 0 comments

Ed Martin ran Phyllis Schlafly’s Eagle Forum. Schlafly was a Bircher whose first big book (A Choice not an Echo) promoted Goldwater’s nomination in 1964. Her final book was “The Conservative Case for Donald Trump.” This is the culmination of the far right’s 60+ year effort to take over the GOP.

submitted 17 days ago • 38 comments

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

submitted 17 days ago • 20 comments