James Nelson
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profjdnelson.bsky.social
James Nelson
@profjdnelson.bsky.social
1.8K followers 540 following 16 posts
Law professor at the University of Houston Law Center.
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Reposted by James Nelson
micahschwartzman.bsky.social
The Ninth Circuit today holds that religious organizations have a First Amendment right to discriminate based on religion in hiring/firing non-ministers. The panel grounds its decision in the “church autonomy doctrine,” which the Supreme Court recognized for the first time in 2020. /1
Christian mission wins right to keep religious hiring exemption
The Washington church is free to hire only those who agree with its religious beliefs — such as abstaining from
www.courthousenews.com
January 7, 2026 at 1:04 AM
profjdnelson.bsky.social
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-...
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 1:47 PM
Reposted by James Nelson
dfroomkin.bsky.social
My new article with @cary-coglianese.bsky.social, titled "Loper Bright's Disingenuity," has been published in the University of Pennsylvania Law Review. We argue that, even as the Loper Bright decision claimed to overrule Chevron, it preserved Chevron's core.

pennlawreview.com/2025/12/23/l...
Loper Bright prompted a tidal wave of reaction throughout the legal community when the Supreme Court announced it was overruling Chevron, the most frequently cited Court decision in administrative law. But Loper Bright cannot mean what it says. This article identifies three respects in which the majority opinion’s claim to have overruled Chevron distorts the real substance of the Court’s logic. First, we apply Loper Bright’s framework to the facts of Chevron and show that it would have produced the same outcome—if nothing else, an exceedingly curious result if Chevron were indeed overturned. Second, even as applied to other cases, the Loper Bright framework does not truly depart from the Chevron framework. Chevron’s premise was that Congress had delegated the authority to interpret an ambiguous statutory term in an agency’s enabling statute to the agency. Loper Bright may eschew the word “deference” but without changing the underlying analysis. We show that this kind of wordplay is of little value in making institutional decisions about the allocation of authority. Finally, the very craft of the Loper Bright opinion betrays the perils of the exercise that Loper Bright demands of reviewing courts. Loper Bright instructs judges to identify the “best reading” of administrative statutes, suggesting that an even-handed exercise in recovering semantic meaning can identify extant lines of authority in the administrative state. But the decision rests on an interpretation of the Administrative Procedure Act that is itself selective and slipshod. Ultimately, Loper Bright’s formalist rhetoric turns out to mask what is going on under the hood. When judges substitute their views of what is “best” for those of agencies, arguments about statutory meaning can quickly succumb to choices about policy. Avoiding such an outcome, of course, was one of Chevron’s core aims.
December 29, 2025 at 2:22 PM
Reposted by James Nelson
martylederman.bsky.social
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...
Trump Administration Emphasizes Religion in Official Christmas Messages
www.nytimes.com
December 26, 2025 at 12:47 PM
Reposted by James Nelson
micahschwartzman.bsky.social
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
Reposted by James Nelson
uvalaw.bsky.social
Prof. @rachelbayefsky.bsky.social has won @theaals.bsky.social Junior Scholarship Award for her article “Judicial Institutionalism.” Prof. @payvandahdout.bsky.social earned an honorable mention.
Professors Recognized by AALS for Civil Procedure Research
Professor Rachel Bayefsky of the University of Virginia School of Law has won the Association of American Law Schools’ Junior Scholarship Award for her scholarship in civil procedure. Professor Payvan...
www.law.virginia.edu
December 1, 2025 at 5:29 PM
Reposted by James Nelson
petersalib.bsky.social
Pleased to share that, last week, the UH Law Faculty voted to grant me tenure.

I’m grateful to my colleagues across the academy, my mentors, friends, and especially my family for their support along the way.
November 21, 2025 at 2:07 PM
Reposted by James Nelson
micahschwartzman.bsky.social
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...,
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
Reposted by James Nelson
lambdalegal.org
NEWS: The U.S. Court of Appeals for the Ninth Circuit today issued a decision broadly affirming most of a decision holding Blue Cross Blue Shield of Illinois liable for its administration of discriminatory exclusions in self-funded plans.

Read our full statement: lambdalegal.org/newsroom/cp_...
White speech bubble on dark background. Headline reads “breaking news.” Subheadline reads “Court of Appeals Affirms Most of Decision Holding Blue Cross Blue Shield of Illinois Liable for Exclusions in Self-Funded Plans”
November 17, 2025 at 10:18 PM
Reposted by James Nelson
kimkrawiec.bsky.social
Wonderful! No surprise that I'm not the only one who realizes the utter fabulousness that is @daniellecitron.bsky.social
November 14, 2025 at 11:47 PM
Reposted by James Nelson
payvandahdout.bsky.social
Grateful to my amazing colleagues at @uvalaw.bsky.social for the whole ride getting to this point. For the advice, listening, and most importantly, friendship.
daniellecitron.bsky.social Danielle Citron @daniellecitron.bsky.social · Nov 11
So amazing to celebrate @payvandahdout.bsky.social on her tenure!! Brilliant scholar, extraordinary teacher, incredible colleague. A wunderkind!!
November 11, 2025 at 11:24 PM
Reposted by James Nelson
micahschwartzman.bsky.social
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...
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
Reposted by James Nelson
kredburn.bsky.social
Out today in HLR, my piece Skrmetti Beyond Scrutiny. What happened, what it means for trans rights and sex equality more broadly: harvardlawreview.org/print/vol-13...
Skrmetti Beyond Scrutiny - Harvard Law Review
In United States v. Skrmetti, the Supreme Court upheld Tennessee Senate Bill 1 (SB 1), a state law that prohibits transgender minors from accessing gender-affirming care.
harvardlawreview.org
November 11, 2025 at 1:36 AM
Reposted by James Nelson
davidcole-gtown.bsky.social
I look forward to defending free speech from its progressive critics — and conservative assailants == as the Tanner Letures Nov. 12 and 13 @princeton.edu

A timely topic, sadly

lectures.princeton.edu/lectures/202...
Tanner Lecture on Human Values: David D. Cole
Progressives have increasingly lost faith in the First Amendment—at least as it has been interpreted and applied by the Supreme Court.  They argue that free speech has been “weaponized” by big busines...
lectures.princeton.edu
November 9, 2025 at 4:12 PM
Reposted by James Nelson
jillhasday.bsky.social
I am excited to host Alice Abrokwa today at the @umnlawschool.bsky.social Public Law Workshop. She will be speaking about her paper, “Anticipating Disability.” I am looking forward to the conversation!
November 10, 2025 at 4:54 PM
Reposted by James Nelson
genevievelakier.bsky.social
Law Profs teaching First Amendment: I have put together a FREE, recently updated, and easy to use casebook for use in free speech classes. If you are interested in using such a casebook, send me an email or DM and I would be happy to share!
Image of the first page of the casebook
November 7, 2025 at 3:31 PM
Reposted by James Nelson
uh.edu
Congratulations to Coach Sampson on his 800th career win! 🔥
Coach Sampson on the court with his wife after earning his 800th career win.
November 4, 2025 at 3:33 AM
Reposted by James Nelson
micahschwartzman.bsky.social
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
Reposted by James Nelson
uvalaw.bsky.social
Are blood and guts too scary for the open marketplace? Not for Prof. @kimkrawiec.bsky.social. The “Repugnant Transactions” professor discusses why society recoils at paying donors.
Professor Talks Blood, Guts and Her Interest in ‘Repugnant Transactions’
Professor Kim Krawiec of the University of Virginia School of Law discusses blood and organ donations, her support for the End Kidney Deaths Act and the complexities of “taboo” markets.
www.law.virginia.edu
October 30, 2025 at 2:03 PM
Reposted by James Nelson
johnfabianwitt.bsky.social
The great Risa Goluboff @uvalaw.bsky.social says The Radical Fund is of a piece with the long civil rights movement literature. Is she right? Or is it a critique of the LCRM’s starting premise? Maybe both! @simonandschuster.bsky.social balkin.blogspot.com/2025/10/putt...
Putting labor, civil rights, and civil liberties at the center of the American story
For the Balkinization symposium on John Witt,  The Radical Fund: How a Band of Visionaries and a Million Dollars Upended America  (Simon and...
balkin.blogspot.com
October 16, 2025 at 7:01 PM
Reposted by James Nelson
uvalaw.bsky.social
LISTEN: Panelists discuss Prof. G. Edward White’s new book on Robert H. Jackson, from self-trained lawyer to influential #SCOTUS justice and chief U.S. prosecutor at the Nuremberg trials.
Scholars Discuss Book on Justice Robert H. Jackson
Professors Ross E. Davies of George Mason University, Lucas A. Powe Jr. of the University of Texas and Sarah A. Seo of New York University discuss UVA Law professor G. Edward White’s new book, “Robert
soundcloud.com
October 15, 2025 at 2:39 PM
Reposted by James Nelson
kimkrawiec.bsky.social
What if religious hospitals’ limits on care aren’t just ethical choices—but anticompetitive agreements?
Bailey Sanders (@DukeLaw) joins @KimKrawiec to discuss “The Market Limits of Free Exercise.”
🎧 buzzsprout.com/1227113/episodes/18012475
#LawProf #Antitrust #ConLaw
The Market Limits of Free Exercise with Bailey Sanders - Taboo Trades
My guest today is Bailey Sanders, a Visiting Assistant Professor of Law at Duke University. Her work examines how market competition can advance gender equality and the critical role of women’s…
buzzsprout.com
October 14, 2025 at 10:39 PM
Reposted by James Nelson
micahschwartzman.bsky.social
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
Reposted by James Nelson
micahschwartzman.bsky.social
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
mjsdc.bsky.social Mark Joseph Stern @mjsdc.bsky.social · Sep 20
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
September 20, 2025 at 7:07 PM