Micah Schwartzman
@micahschwartzman.bsky.social
Law professor at the University of Virginia.
Still (and always) a sucker for the hard copy.
November 25, 2025 at 8:12 PM
Still (and always) a sucker for the hard copy.
I don’t think I would have believed it without seeing it, so here’s the relevant part of the EEOC memo: storage.courtlistener.com/recap/gov.us...
November 22, 2025 at 6:23 PM
I don’t think I would have believed it without seeing it, so here’s the relevant part of the EEOC memo: storage.courtlistener.com/recap/gov.us...
Suddenly antiliberals who defined “liberalism” to include pretty much the entire American political tradition — from Jeffersonian republicanism to Reagan fusionism, and everything in between — are quite particular about what counts under the recently manufactured concept of “postliberalism.”
November 13, 2025 at 3:27 AM
Suddenly antiliberals who defined “liberalism” to include pretty much the entire American political tradition — from Jeffersonian republicanism to Reagan fusionism, and everything in between — are quite particular about what counts under the recently manufactured concept of “postliberalism.”
Apparently, over at the other place, integralists are having a meltdown about the claim that they paved the way for groypers. Antisemitism couldn’t have anything to do with it, because “nothing bad” would happen to you in an integralist society (except for that Mortara thing).
November 13, 2025 at 12:27 AM
Apparently, over at the other place, integralists are having a meltdown about the claim that they paved the way for groypers. Antisemitism couldn’t have anything to do with it, because “nothing bad” would happen to you in an integralist society (except for that Mortara thing).
This is on the right track, but not quite accurate. Even before Crean & Fimister, the integralists’ take on the Mortara Affair made the quick re-branding necessary. The need for an exoteric labeling was present at the launch of the integralist revival.
November 12, 2025 at 10:44 PM
This is on the right track, but not quite accurate. Even before Crean & Fimister, the integralists’ take on the Mortara Affair made the quick re-branding necessary. The need for an exoteric labeling was present at the launch of the integralist revival.
Your regular reminder that “postliberalism” is just Catholic integralism — the revival of which started in 2018 with a debate over whether it was ok for a 19th century pope to kidnap a Jewish child (recall firstthings.com/non-possumus/).
November 12, 2025 at 8:12 PM
Your regular reminder that “postliberalism” is just Catholic integralism — the revival of which started in 2018 with a debate over whether it was ok for a 19th century pope to kidnap a Jewish child (recall firstthings.com/non-possumus/).
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...