Marcia McCormick
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marciamccormick.bsky.social
Marcia McCormick
@marciamccormick.bsky.social
2.6K followers 2.1K following 1.3K posts
Getting too old for this @#$%. SLU lawprof, cosplaying as a responsible adult temporarily: worklaw, conlaw, gender & sexuality. Kids say I'm a little bit chaotic. More at marciamccormick.com
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marciamccormick.bsky.social
Bella is a better bee, but Louie is trying his best.
A black dog with fuzzy yellow and black antennae.
November 1, 2025 at 12:03 AM
marciamccormick.bsky.social
Guys I think my dog might be broken.
A black dog lying on a wood floor. The dog is in an awkward position.
October 27, 2025 at 1:56 PM
marciamccormick.bsky.social
Today's office.
A picture across a lake at houses and trees along the shoreline. The water is so still it reflects the shoreline and sky perfectly.
October 24, 2025 at 5:52 PM
marciamccormick.bsky.social
In my usual protest wear.
A red sweatshirt that has a picture of blind justice with a sledge hammer on her shoulders, and "militant feminist legal wrecking crew est. 2016," around the outside of the picture, but you can't see that super well because the person in the sweatshirt is sitting on a car with a seatbelt on.
October 18, 2025 at 10:52 PM
marciamccormick.bsky.social
It is thunderstormy and wet in St. Louis, but there's was still a pretty big turnout. This was just the front.
The front of a protest in rainy St. Louis in front of the Peabody Opera House. A sign says smash the [crown picture with an x through it] End Autocracy. Lots of other people with signs are around and behind.
October 18, 2025 at 7:57 PM
marciamccormick.bsky.social
That tracks.
A seed art picture from the Minnesota State Fair that is a picture of a corn dog with the caption, "ceci n'est pas un corn dog."
September 6, 2025 at 5:20 PM
marciamccormick.bsky.social
A picture of the devil's own potato chips: great lakes kettle cooked sea salt, pepper, and onion.
August 21, 2025 at 1:26 AM
marciamccormick.bsky.social
I am too delighted by this little Dahlia. It blooms in two colors! What magic is this?!
A small dahlia bush with about 5 blooms. Some blooms are magenta, and others are pale pink.
August 15, 2025 at 12:36 PM
marciamccormick.bsky.social
It's new book day! All of the good stuff was written by my coauthors--especially @nicolebporter.bsky.social!!
A gray casebook on employment discrimination law by Roberto Corrada, Michael Selmi, Nicole Buonocore, and Marcia McCormick for the Labor Law Group.
August 6, 2025 at 8:34 PM
marciamccormick.bsky.social
Mini glunches for a summer treat!
A small, ring-shaped cake covered in blood-red frosting that drips down the sides and off the edges. Randomly placed eyes dot the surface.
July 30, 2025 at 11:44 PM
marciamccormick.bsky.social
Happy and sad to celebrate a life well lived in Des Moines this weekend.
A bouquet of flowers: yellow roses and chrysanthemums, a white peony, hydrangea, and baby's breath, small red roses, and some feather greens and leaves. A picture of an older white man, with the words, "A celebration of life of Mark McCormick" below.
June 22, 2025 at 9:46 PM
marciamccormick.bsky.social
In honor of my middle kid's birthday, I give you their requested cake. They call it the glunch. This one is biblically accurate.
An angel food cake topped with scarlet colored frosting, covered with candy eyes. There are two lit candles on one side and two more on the other.
June 15, 2025 at 12:28 AM
marciamccormick.bsky.social
St Louis had pretty good turnout today
A crowd of people holding signs at an anti-Trump protest. A red sweatshirt with an image on the front showing lady Justice holding a sledgehammer on her shoulders, her scales hanging from it. Around the outside are the words, "militant feminist legal wrecking crew est. 2016.”
June 14, 2025 at 9:22 PM
marciamccormick.bsky.social
I'm not proud of this. Someday I will not buy the new edition right when it comes out.
The cover of the newest edition (22d) of the Bluebook
June 7, 2025 at 5:46 PM
marciamccormick.bsky.social
Ames is out, and holds no special rule for disparate treatment for majority class member. www.supremecourt.gov/opinions/24p.... It's unanimous by Justice Jackson.
Screenshot of SCOTUS opinion in Ames v. Ohio Dept of Youth Servs. Petitioner Marlean Ames, a heterosexual woman, has worked for the Ohio Department of Youth Services in various roles since 2004. In 2019, the agency interviewed Ames for a new management position but ultimately hired another candidate—a lesbian woman. The agency subsequently demoted Ames from her role as a program administrator and later hired a gay man to fill that role. Ames then filed this lawsuit against the agency under Title VII, alleging that she was denied the management promotion and demoted because of her sexual orienta- tion. The District Court granted summary judgment to the agency, and the Sixth Circuit affirmed. The courts below analyzed Ames’s claims under McDonnell Douglas Corp. v. Green, 411 U. S. 792, which sets forth the traditional framework for evaluating disparate- treatment claims that rest on circumstantial evidence. At the first step of that framework, the plaintiff must make a prima facie showing that the defendant acted with a discriminatory motive. Like the District Court, the Sixth Circuit held that Ames had failed to meet her prima facie burden because she had not shown “ ‘background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.’ ” 87 F. 4th 822, 825. The court reasoned that Ames, as a straight woman, was required to make this showing “in addition to the usual ones for establishing a prima- facie case.” Ibid. Held: The Sixth Circuit’s “background circumstances” rule—which re- quires members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim—cannot be squared with the text of Title VII or the Court’s precedents. Pp. 4–9. (a) Title VII’s disparate-treatment provision bars employers from in- tentionally discriminating against their employees on the basis of race,
June 5, 2025 at 2:11 PM
marciamccormick.bsky.social
10 quarts!
Salad packed in large plastic containers.
May 19, 2025 at 10:47 PM
marciamccormick.bsky.social
I fear I have made too much salad.
A large stainless steel bowl overflowing with chopped vegetables.
May 19, 2025 at 10:33 PM
marciamccormick.bsky.social
I mean consider how the next sentence in this opinion actually changes the Bostock analysis in a fundamental and significant way. Notice that the objects of the sentence there "members of one sex" are plural, not singular. That, the Court was clear is never the question under Title VII.
Highlighted text is, "Distilled to its Title VII essence, the question is even simpler: do sex-specific bathroom, dress-code, and pronoun policies expose members of one sex to "disadvantageous terms" not shared by members of the other sex?"
May 16, 2025 at 6:00 PM
marciamccormick.bsky.social
In yet another Texas v. EEOC (this time featuring Heritage), the N.D. Tex has struck down EEOC guidance on sexual orientation & gender identity discrimination. The gymnastics involved in distinguishing Bostock are something else.
Text with some highlighting. The text reads, "Bostock has limited bearing on the Court's analysis here. Bostock decided only whether firing an employee for being transgender constituted Title VII "sex" discrimination under its but-for causation test. Bostock expressly declined to answer the question sub judice: does the employer violate Title VII by declining the transgender employee's bathroom, pronoun, and dress preferences via accommodation?
May 16, 2025 at 5:55 PM
marciamccormick.bsky.social
Hey Fed Courts students! Did the 8th Cir. get it right? Here's the language:
SECTION 2 OF THE VOTING RIGHTS ACT 42 U.S.C. § 1973. Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation. a) No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of theright of any citizen of the United States to vote on account of race or color, or in contravention of the guarantees set forth in section 1973b (f)(2) of this title, as provided in subsection (b) of this section. (b) A violation of subsection (a) of this section is established if, based on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population. CREDIT(S) (Pub.L. 89-110, Title I, § 2, Aug. 6, 1965, 79 Stat. 437, redesignated Pub.L. 91-285, � 2, June 22, 1970, 84 Stat. 314, and amended Pub.L. 94- 73, Title II, § 206, Aug. 6, 1975, 89 Stat. 402; Pub.L. 97-205, § 3, June 29, 1982, 96 Stat. 134.)
May 14, 2025 at 7:40 PM
marciamccormick.bsky.social
Quote skeet with a picture of the airplane you'll accept as bribe.
Wonder woman flying through the clouds in her invisible jet.
May 14, 2025 at 7:00 PM
marciamccormick.bsky.social
I mean look at these things looming over my breakfast this morning. 😍
A humongous bunch of blooming white peonies on a table with a blue tablecloth.
May 14, 2025 at 1:15 PM
marciamccormick.bsky.social
I realize this is ridiculous, but the rain knocked them over, so I had to cut them and bring them inside. These peonies are glorious!
Two giant bunches of white and light pink peonies in vases on a buffet
May 13, 2025 at 10:52 PM
marciamccormick.bsky.social
It's peony season!
A bouquet of blooming peonies, mostly white with a couple pink, and one just beginning to bloom that is deep fuchsia.
May 10, 2025 at 10:23 PM
marciamccormick.bsky.social
Today's reward for my 5 am wake up.
A fiery sunrise, showing the silhouette of trees and power lines. The sky is deep gold near the bottom, progressing, going up through flame-orange to hot pink to periwinkle.
May 7, 2025 at 5:50 PM