Nelson Tebbe
@nelsontebbe.bsky.social
Reposted by Nelson Tebbe
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...
Reposted by Nelson Tebbe
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
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...
www.courts.state.hi.us/wp-content/u...
September 20, 2025 at 7:07 PM
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
Some thoughts on Mahmoud v. Taylor, where parents are seeking to exempt their kids from elements of the public school curriculum that teach acceptance of LGBTQ people. (This interview was conducted before yesterday's oral argument.) time.com/7279370/mahm...
What's At Stake In The Supreme Court LGBTQ+ Schoolbooks Case
Maryland parents are seeking opt-out measures for classroom instruction featuring LGBTQ+ people.
time.com
April 23, 2025 at 1:07 PM
Some thoughts on Mahmoud v. Taylor, where parents are seeking to exempt their kids from elements of the public school curriculum that teach acceptance of LGBTQ people. (This interview was conducted before yesterday's oral argument.) time.com/7279370/mahm...
Reposted by Nelson Tebbe
Along with fellow Religion Clause scholars, I filed an amicus brief yesterday arguing that the Establishment Clause would prohibit such an establishment (and also prohibit the state's sponsorship and funding of the religious school).
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov
April 8, 2025 at 11:58 AM
Along with fellow Religion Clause scholars, I filed an amicus brief yesterday arguing that the Establishment Clause would prohibit such an establishment (and also prohibit the state's sponsorship and funding of the religious school).
www.supremecourt.gov/DocketPDF/24...
www.supremecourt.gov/DocketPDF/24...
Reposted by Nelson Tebbe
My fellow amici are @bjessiehill.bsky.social, Bill Marshall, @micahschwartzman.bsky.social, @richschragger.bsky.social, and @nelsontebbe.bsky.social. Don Verrilli is the Counsel of Record. [3]
April 8, 2025 at 11:42 PM
My fellow amici are @bjessiehill.bsky.social, Bill Marshall, @micahschwartzman.bsky.social, @richschragger.bsky.social, and @nelsontebbe.bsky.social. Don Verrilli is the Counsel of Record. [3]
In this brief in Mahmoud, Larry Sager and I argue that Tandon, property understood, requires equal value toward religious groups. Nothing in Mahmoud indicates devaluing, all things considered. Outstanding work by Becca Hansen, Rachel Miller-Ziegler, and Helen White of Munger Tolles.
www.supremecourt.gov
April 9, 2025 at 7:03 PM
In this brief in Mahmoud, Larry Sager and I argue that Tandon, property understood, requires equal value toward religious groups. Nothing in Mahmoud indicates devaluing, all things considered. Outstanding work by Becca Hansen, Rachel Miller-Ziegler, and Helen White of Munger Tolles.
Here's our amicus brief in Drummond, where the Court is considering whether Oklahoma must fund a religious charter school. Our distinctive argument is that the answer is no, regardless of whether the school is public or private. Thanks to Marty Lederman for drafting, and to Don Verrilli as counsel.
www.supremecourt.gov
April 9, 2025 at 12:43 PM
Here's our amicus brief in Drummond, where the Court is considering whether Oklahoma must fund a religious charter school. Our distinctive argument is that the answer is no, regardless of whether the school is public or private. Thanks to Marty Lederman for drafting, and to Don Verrilli as counsel.
Reposted by Nelson Tebbe
This "immediate cancellation" violates the law. If the Admin thinks Columbia has violated Title VI by being deliberately indifferent to antisemitic harassment, it has to give Columbia a chance for a hearing first, make findings on the record, & wait 30 days.
www.nytimes.com/live/2025/03...
www.nytimes.com/live/2025/03...
The Trump administration cancels $400 million in grants and contracts to Columbia University.
www.nytimes.com
March 7, 2025 at 6:27 PM
This "immediate cancellation" violates the law. If the Admin thinks Columbia has violated Title VI by being deliberately indifferent to antisemitic harassment, it has to give Columbia a chance for a hearing first, make findings on the record, & wait 30 days.
www.nytimes.com/live/2025/03...
www.nytimes.com/live/2025/03...
Reposted by Nelson Tebbe
Congrats to the Texas A&M Law Review for hosting a fantastic symposium today on Jack Balkin's book "Memory and Authority." What a treat to talk constitutional interpretation with these great scholars! ⬇️
February 28, 2025 at 11:36 PM
Congrats to the Texas A&M Law Review for hosting a fantastic symposium today on Jack Balkin's book "Memory and Authority." What a treat to talk constitutional interpretation with these great scholars! ⬇️
Reposted by Nelson Tebbe
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.
Reposted by Nelson Tebbe
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:
Reposted by Nelson Tebbe
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...
Reposted by Nelson Tebbe
For the political economy of this case, and predictions about it, I’m (again, I know) re-upping my article, Reestablishing Religion, with @nelsontebbe.bsky.social and @richschragger.bsky.social:
lawreview.uchicago.edu/print-archiv...
lawreview.uchicago.edu/print-archiv...
Supreme Court to Hear Oklahoma Religious Charter School Case
The proposal to create the nation’s first religious charter school paid for by taxpayer funds could move the line between church and state in education.
www.nytimes.com
January 24, 2025 at 10:40 PM
For the political economy of this case, and predictions about it, I’m (again, I know) re-upping my article, Reestablishing Religion, with @nelsontebbe.bsky.social and @richschragger.bsky.social:
lawreview.uchicago.edu/print-archiv...
lawreview.uchicago.edu/print-archiv...