Jim Oleske
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jimoleske.bsky.social
Jim Oleske
@jimoleske.bsky.social
Professor, Lewis & Clark Law School. Teach constitutional law and torts, write on religious liberty and equal protection.
FYI: Oregon and the other plaintiffs flag the Supreme Court's briefing order and then make the "regular forces = regular military forces" argument on pages 10-12 of their post-trial brief, filed Saturday:
Trial Brief – #130 in State of Oregon v. Trump (D. Or., 3:25-cv-01756) – CourtListener.com
Trial Brief Post - Trial Briefing. Filed by All Plaintiffs. (Kennedy, Scott) (Entered: 11/01/2025)
storage.courtlistener.com
November 3, 2025 at 3:26 PM
Thanks for this very helpful exchange. Have a good weekend.
October 31, 2025 at 3:40 AM
I completely understand why this situation is prompting you to ask these types of rhetorical questions, but I don't think such questions are going to be persuasive with the Court. I do think some arguments distinguishing Geduldig and Skrmetti might be, and I'm endeavoring here to examine them.
October 31, 2025 at 1:09 AM
2/2 ... is it because use of same term in common parlance doesn't match relevant difference in biology? Because here, Trump Admin is claiming there's a relevant difference in biology (female breasts have a role related to reproduction that male breasts do not).
October 31, 2025 at 12:09 AM
1/2 I see that argument, but still have a lingering concern. If bound by Geduldig/Skrmetti, do you reach same conclusion about "male vs female" circumcision (it's a sex classification triggering heightened scrutiny)? If so (and if you think courts will agree), I think I'm convinced. But if not ...
October 31, 2025 at 12:06 AM
Now that the Internet Archive is back up, here are direct links to the IA captures:

April 5:
web.archive.org/web/20250405...

April 21:
web.archive.org/web/20250421...
October 30, 2025 at 10:18 PM
October 30, 2025 at 9:59 PM