Micah Schwartzman
@micahschwartzman.bsky.social
Law professor at the University of Virginia.
From his post — minimal epistemic and moral commitments necessary for legitimate participation in politics? Turns out we have a concept that covers this …
November 2, 2025 at 9:54 PM
From his post — minimal epistemic and moral commitments necessary for legitimate participation in politics? Turns out we have a concept that covers this …
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
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
Session 3 on Proof — philosophy and law of evidence, with Walter Sinnott-Armstrong, Ed Chang, Alex Stein, and Kim Ferzan.
September 12, 2025 at 2:00 PM
Session 3 on Proof — philosophy and law of evidence, with Walter Sinnott-Armstrong, Ed Chang, Alex Stein, and Kim Ferzan.
Sunstein seems to think it’s an open question in religious liberty cases whether the government’s interest in prohibiting discrimination against gay people is as strong as its interest in prohibiting animal cruelty. That does make me wonder if he thinks that’s also true for race discrimination?
September 2, 2025 at 2:17 AM
Sunstein seems to think it’s an open question in religious liberty cases whether the government’s interest in prohibiting discrimination against gay people is as strong as its interest in prohibiting animal cruelty. That does make me wonder if he thinks that’s also true for race discrimination?
Registration is open for the NOMOS conference on Capitalism and Socialism. The Zoom and registration links, as well as the final schedule and paper titles are available at www.political-theory.org. With thanks to the Edmond & Lily Safra Center for Ethics @harvard.edu for hosting.
August 27, 2025 at 1:24 PM
Registration is open for the NOMOS conference on Capitalism and Socialism. The Zoom and registration links, as well as the final schedule and paper titles are available at www.political-theory.org. With thanks to the Edmond & Lily Safra Center for Ethics @harvard.edu for hosting.
In Kluge, CA7 today reinstated a public school teacher's claim for a religious accommodation to avoid calling transgender students by their chosen names. Judge Rovner's dissent cites and quotes @profjdnelson.bsky.social's article, Disestablishment at Work, www.yalelawjournal.org/article/dise...:
August 6, 2025 at 7:34 PM
In Kluge, CA7 today reinstated a public school teacher's claim for a religious accommodation to avoid calling transgender students by their chosen names. Judge Rovner's dissent cites and quotes @profjdnelson.bsky.social's article, Disestablishment at Work, www.yalelawjournal.org/article/dise...:
CA9 panel holds that Oregon policy requiring adoptive parents to respect a child's sexual orientation/gender identity favored one religion over another, citing the Court's recent Establishment Clause decision in Catholic Charities.
So if you tell the state that its abortion ban violates your faith?
So if you tell the state that its abortion ban violates your faith?
July 24, 2025 at 5:56 PM
CA9 panel holds that Oregon policy requiring adoptive parents to respect a child's sexual orientation/gender identity favored one religion over another, citing the Court's recent Establishment Clause decision in Catholic Charities.
So if you tell the state that its abortion ban violates your faith?
So if you tell the state that its abortion ban violates your faith?
If it hadn’t been for those pesky Lockeans, we’d have gotten away with it, too. (Does someone need to send a copy of the Letter Concerning Toleration over to the State Dept?)
May 28, 2025 at 1:35 AM
If it hadn’t been for those pesky Lockeans, we’d have gotten away with it, too. (Does someone need to send a copy of the Letter Concerning Toleration over to the State Dept?)
This is the entirety of the court's reasoning on this issue, which is conclusory and fails to apply the tests for general applicability required under Tandon and Fulton. There simply isn't any effort to evaluate the statutory exemptions/exclusions that undermine the state's purported interest. /2
May 15, 2025 at 3:37 PM
This is the entirety of the court's reasoning on this issue, which is conclusory and fails to apply the tests for general applicability required under Tandon and Fulton. There simply isn't any effort to evaluate the statutory exemptions/exclusions that undermine the state's purported interest. /2
Integralists must be having a moment. (Is this what the Esther Option looks like?)
May 3, 2025 at 11:21 AM
Integralists must be having a moment. (Is this what the Esther Option looks like?)
Today the Court is considering the constitutionality of religious charter schools. If you want to know more about how we got here, and about the political economy of school choice under the Religion Clauses, here’s a start:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
April 30, 2025 at 3:15 PM
Today the Court is considering the constitutionality of religious charter schools. If you want to know more about how we got here, and about the political economy of school choice under the Religion Clauses, here’s a start:
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
I missed this earlier (wasn't tagged). I also believe titles should describe what a paper is about, and ours does that. But if what it means to re-establish religion is unfamiliar, keep reading … there’s even an abstract and a table of contents. @richschragger.bsky.social, @nelsontebbe.bsky.social
March 30, 2025 at 1:12 AM
I missed this earlier (wasn't tagged). I also believe titles should describe what a paper is about, and ours does that. But if what it means to re-establish religion is unfamiliar, keep reading … there’s even an abstract and a table of contents. @richschragger.bsky.social, @nelsontebbe.bsky.social
Something about listening when people tell you who they are.
February 26, 2025 at 4:27 PM
Something about listening when people tell you who they are.
Remember when we were told that integralists are marginal, they’re just larpers, no one listens to them, they’ll never have any influence …
February 9, 2025 at 10:57 AM
Remember when we were told that integralists are marginal, they’re just larpers, no one listens to them, they’ll never have any influence …
Will always be a sucker for the hard copy.
February 7, 2025 at 1:44 AM
Will always be a sucker for the hard copy.
In addition to general constitutional objections to Trump’s impoundment, religious recipients of federal grants/aid would seem to have free exercise claims under Fulton/Sherbert, given that this order creates a system of discretionary exemptions and individualized assessments. Relevant text below:
January 28, 2025 at 1:05 PM
In addition to general constitutional objections to Trump’s impoundment, religious recipients of federal grants/aid would seem to have free exercise claims under Fulton/Sherbert, given that this order creates a system of discretionary exemptions and individualized assessments. Relevant text below:
Starting off 2025 with the publication of Reestablishing Religion, co-authored with @richschragger.bsky.social and @nelsontebbe.bsky.social.
lawreview.uchicago.edu/print-archiv...
lawreview.uchicago.edu/print-archiv...
January 2, 2025 at 4:44 PM
Starting off 2025 with the publication of Reestablishing Religion, co-authored with @richschragger.bsky.social and @nelsontebbe.bsky.social.
lawreview.uchicago.edu/print-archiv...
lawreview.uchicago.edu/print-archiv...
Here’s the order from Indiana Supreme Court (via ACLU): www.aclu-in.org/sites/defaul...
December 10, 2024 at 11:28 PM
Here’s the order from Indiana Supreme Court (via ACLU): www.aclu-in.org/sites/defaul...
“applies the principle of toleration to philosophy itself”
November 20, 2024 at 2:38 PM
“applies the principle of toleration to philosophy itself”
For Kuyper's antisemitism, see books.google.com/books/about/Li…. (The only English translation available online seems to be by a South African Christian nationalist. I won't link to it, but "even though some of my best friends are Jews" comes through in google translate all the same.)
October 12, 2023 at 9:44 PM
For Kuyper's antisemitism, see books.google.com/books/about/Li…. (The only English translation available online seems to be by a South African Christian nationalist. I won't link to it, but "even though some of my best friends are Jews" comes through in google translate all the same.)
“From the beginning, the Christian-democratic movement was ecumenical, drawing inspiration from Catholic and Protestant leaders, including the evangelical prime minister of the Netherlands, Abraham Kuyper.”
Except for the Jews.
Except for the Jews.
October 12, 2023 at 9:43 PM
“From the beginning, the Christian-democratic movement was ecumenical, drawing inspiration from Catholic and Protestant leaders, including the evangelical prime minister of the Netherlands, Abraham Kuyper.”
Except for the Jews.
Except for the Jews.
This is hard to understand. With two blue senators in Maryland, why hasn’t a nominee been named for Judge Motz’s seat in CA4? If the senators can’t agree, the White House should give them a deadline and then pick someone.
October 11, 2023 at 12:54 PM
This is hard to understand. With two blue senators in Maryland, why hasn’t a nominee been named for Judge Motz’s seat in CA4? If the senators can’t agree, the White House should give them a deadline and then pick someone.
