Micah Schwartzman
@micahschwartzman.bsky.social
Law professor at the University of Virginia.
Religious exemptions in the workplace don’t get as much attention as they should. Good to see this coverage, especially given the flood of cases after the Court’s decision in Groff.
I discuss these issues at length in Disestablishment at Work: yalelawjournal.org/article/dise...
Many more cases on the way.
h/t @zalmanr.bsky.social
news.bloomberglaw.com/daily-labor-...
Many more cases on the way.
h/t @zalmanr.bsky.social
news.bloomberglaw.com/daily-labor-...
Religious Rows on Pronoun Policy, Weekend Work Loom in New Year
As Covid-19 vaccine exemption lawsuits wane, other religious worker accommodations will drive both private litigation and government enforcement in the year ahead over some employees’ beliefs clashing...
news.bloomberglaw.com
December 31, 2025 at 2:05 PM
Religious exemptions in the workplace don’t get as much attention as they should. Good to see this coverage, especially given the flood of cases after the Court’s decision in Groff.
Not always.
December 28, 2025 at 4:35 PM
Not always.
Before self-denaturalizing for insufficiently enthusiastic celebration of Christmas (“nothing bad” would happen to the Jews, we’re told), maybe I’ll teach a seminar on Locke’s letter, if American citizens are still allowed to read it. Or given all this talk of family, the first treatise.
December 28, 2025 at 4:18 PM
Before self-denaturalizing for insufficiently enthusiastic celebration of Christmas (“nothing bad” would happen to the Jews, we’re told), maybe I’ll teach a seminar on Locke’s letter, if American citizens are still allowed to read it. Or given all this talk of family, the first treatise.
Reposted by Micah Schwartzman
I don't think there's any understanding of the First Amendment under which this ("our Savior") is constitutional. Yet they don't care, and they've eliminated all the attorneys who would've objected.
Kudos to the Goldwater and Cato Institutes for condemning it.
www.nytimes.com/2025/12/25/a...
Kudos to the Goldwater and Cato Institutes for condemning it.
www.nytimes.com/2025/12/25/a...
Trump Administration Emphasizes Religion in Official Christmas Messages
www.nytimes.com
December 26, 2025 at 12:47 PM
I don't think there's any understanding of the First Amendment under which this ("our Savior") is constitutional. Yet they don't care, and they've eliminated all the attorneys who would've objected.
Kudos to the Goldwater and Cato Institutes for condemning it.
www.nytimes.com/2025/12/25/a...
Kudos to the Goldwater and Cato Institutes for condemning it.
www.nytimes.com/2025/12/25/a...
This is close — just replace “emphasizes” with “establishes” (h/t @martylederman.bsky.social)
Trump Administration Emphasizes Religion in Official Christmas Messages
www.nytimes.com
December 26, 2025 at 5:15 PM
This is close — just replace “emphasizes” with “establishes” (h/t @martylederman.bsky.social)
The problem will only worsen as the Supreme Court encourages vaccine exemption claims in the lower courts.
Hundreds quarantined as South Carolina measles outbreak accelerates
A state epidemiologist said the spike in cases came in the wake of Thanksgiving travel and a lack of vaccinations. At least 16 cases were traced to a church.
www.washingtonpost.com
December 11, 2025 at 5:08 PM
The problem will only worsen as the Supreme Court encourages vaccine exemption claims in the lower courts.
I learned Morse code at 20 wpm for an Advanced Class ham radio license (under call sign KI5GW).
What skill did you master that you will never, ever use again?
Watching Rolf Harris play the didgeridoo on TV as a kid I taught myself how to circular breathe.
Watching Rolf Harris play the didgeridoo on TV as a kid I taught myself how to circular breathe.
What skill did you master that you will never, ever use again?
Curling a freekick around a wall.
Curling a freekick around a wall.
December 8, 2025 at 6:53 PM
I learned Morse code at 20 wpm for an Advanced Class ham radio license (under call sign KI5GW).
The Supreme Court signaling that Mahmoud may extend beyond curricular opt-outs. We anticipated this move in the vaccine context in our recent comment, @richschragger.bsky.social and @nelsontebbe.bsky.social, harvardlawreview.org/print/vol-13....
December 8, 2025 at 4:55 PM
The Supreme Court signaling that Mahmoud may extend beyond curricular opt-outs. We anticipated this move in the vaccine context in our recent comment, @richschragger.bsky.social and @nelsontebbe.bsky.social, harvardlawreview.org/print/vol-13....
The measles epidemic that led to NY and CA repealing their religious exemptions happened just before COVID hit, and it’s as if the whole thing is being memory-holed.
It is true that New York had a religious exemption for student vaccines before 2019. But the reason lawmakers abolished that exemption was because parents began abusing it at an unprecedented scale and allegedly spurred a horrific measles epidemic. www.supremecourt.gov/DocketPDF/25...
December 8, 2025 at 4:27 PM
The measles epidemic that led to NY and CA repealing their religious exemptions happened just before COVID hit, and it’s as if the whole thing is being memory-holed.
Have been saying this for many years:
“‘Postliberalism’ as a term is really a rebranding of Catholic integralism.”
lawliberty.org/integralism-...
“‘Postliberalism’ as a term is really a rebranding of Catholic integralism.”
lawliberty.org/integralism-...
Integralism by Another Name – James M. Patterson
Postliberals would much rather spar over definitions than over the ideas and their implications.
lawliberty.org
December 5, 2025 at 4:18 AM
Have been saying this for many years:
“‘Postliberalism’ as a term is really a rebranding of Catholic integralism.”
lawliberty.org/integralism-...
“‘Postliberalism’ as a term is really a rebranding of Catholic integralism.”
lawliberty.org/integralism-...
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.