Ruth Bader Ginsburg ‘59 Professor, Columbia Law School; scholar of democracy and democratic futures, pluralism, race, gender, economic justice, and housing. https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=443245
"Lawyering Without Law" is a Signal Awards finalist 🎙️
Our series on lawyers' role in defending democracy, or enabling its collapse, is up for Listener's Choice. Voting closes Oct. 15:
vote.signalaward.com/PublicVoting...
Exactly.
The regs are here: public-inspection.federalregister.gov/2026-18127.pdf
Note the dramatic extension of Bob Jones, purposefully vague on what is “discrimination”, and purports to apply to remedial programs too (ie that correct past and ongoing discrimination).
The article focuses on the new IRS regs' impact on higher ed, but their terms would also apply to private schools that receive tax-exempt status. Even if the regs are challenged, many schools will end their integration measures to avoid scrutiny. This is a permission structure. tinyurl.com/4s28jsau
This might seem like a dismissal on “technical” grounds but it actually vindicates procedural due process (need to inform the school of non-compliance) and that T6 is about remedy not punishment.
Read the Ruling Dismissing an Antisemitism Lawsuit Against Harvard www.nytimes.com/interactive/...
Excited to moderate this joint @columbiaigp.bsky.social + Workshop webinar with a great panel of folks to understand what Americans are thinking about AI policy amidst all of the debates about AI's impact on our economy and communities. Tune in live here August 5th at noon!
How are American workers thinking about AI, & what do they want from AI policy?
Tune in to this Columbia IGP webinar on August 5 @ 12pm ET: youtube.com/live/xcuyP9z...
Speakers: Mary Beech, @alexsjacquez.bsky.social, @michelleimiller.bsky.social, @aijenpoo.bsky.social, @awhf.bsky.social, Jen Klein
For those interested in the constitutional nitty gritty on advancing Supreme Court term limits, I highly recommend this memo from the Brennan Center published today
www.brennancenter.org/our-work/res...
Final #SCOTUS ruling is birthright citizenship.
For a 6-3 majority (Thomas, Alito & Gorsuch, dissenting), Chief Justice Roberts *strikes down* President Trump's executive order purporting to limit which individuals born in the United States would automatically be US citizens; preserves status quo:
We're hiring at Democracy Docket. HMU if you're interested in any of these:
We need: 1) a JD to lead our legal research team, 2) a news editor to lead our legal reporting, and 3) a lead video producer.
1+2 will get to work a lot with me; take that however you will
ats.rippling.com/democracy-do...
The Supreme Court has made itself a political topic, and many Americans support reforming it. Listen to this week’s episode of The Briefing with Michael Waldman to hear experts discuss how to reshape the Court to improve U.S. democracy: bit.ly/3PaNq3E
We've launched a new @knightcolumbia.org podcast about lawyering and authoritarianism, and how law can function both as a safeguard for democratic governance and as a tool of its erosion. First episode is out 👇 and more to come, exploring the legal profession's duty to the rule of law itself.
“We’re very far into autocratic capture of our legal system.”
That’s how @kimlanelaw.bsky.social describes the current moment—and what she breaks down in the first episode of Lawyering Without Law.
Hosted by @katygb.bsky.social and Madhav Khosla.
Listen: buzzsprout.com/2609059/episodes/19105365
Lively conversation last night:
Giuliano Amato, John Bessler, Marian Da Silva, Spyridon Flogaitis, Olatunde Johnson, Sarah Maree Knuckey, & Miguel Ángel Moratinos on "Universal Rights in Practice: Int'l Frameworks & Domestic Legal Systems" organized by Barbara Faedda.
@olatij.bsky.social
Next week! Tue, Nov 18, 5PM
"Universal Rights in Practice: Int'l Frameworks & Domestic Legal Systems"
Giuliano Amato, John Bessler, Marian Da Silva, Spyridon Flogaitis, @olatij.bsky.social, @sarahknuckey.bsky.social, & Miguel Ángel Moratinos
Register: tinyurl.com/mvhfvsvh
BREAKING: The California Supreme Court has DENIED the University of California's request that it block the release of a 28-page, $1.2-billion fine Trump administration UCLA settlement offer. UC is required to give a faculty group the document today. www.latimes.com/california/s...
"Universal Rights in Practice: Int'l Frameworks & Domestic Legal Systems"
Tue, Nov 18, 5PM
Giuliano Amato, John Bessler, Marian Da Silva, Spyridon Flogaitis, Olatunde Johnson, Sarah Maree Knuckey, & Miguel Ángel Moratinos
Register: tinyurl.com/mvhfvsvh@olatij.bsky.social, @sarahknuckey.bsky.social
Inspiration and a road map from my colleague Kate Andrias.
The Constitution Doesn’t Belong to Trump or the Supreme Court www.nytimes.com/2025/10/10/o...
🎙️ ON AIR:
We're talking to Columbia Law's @olatij.bsky.social, @slate.com's @mjsdc.bsky.social and @NYULaw's @profmmurray.bsky.social about what role the Supreme Court will play in supporting or stopping Trump's efforts to shape the country.
❓What are your Qs about the new Court term?
📻 Listen:
A series of short posts from leading scholars about the constraints the First Amendment imposes on the government's authority to impose conditions on federal funding. Seems relevant! This is a @knightcolumbia.org series from earlier this year. knightcolumbia.org/research/fed...
This morning, members of the Knight Institute’s leadership team published a critical analysis of Columbia University’s settlement agreement with the Trump administration. Read the full analysis here: knightcolumbia.org/blog/what-th...
@olatij.bsky.social on how the admin is contorting Title VI (also at issue in Harvard v. HHS) and the SFFA ruling in an effort to assert power over federally funded institutions: knightcolumbia.org/blog/the-str...
I read an interesting, related law review article once, coauthored by @olatij.bsky.social, that really got into the fraudulence of Dobbs' language about democracy & women's electoral power, and the deficiencies in the Court's view of political equality
scholarship.law.columbia.edu/cgi/viewcont...
So Alito and Thomas' position appears to be: Women have no constitutional right to reproductive autonomy. But PARENTS may have a constitutional right to restrict their kids' reproductive autonomy.
This is not law and it's barely pretending to be. Dobbs' "democracy" language was just a total lie.
Excellent piece from our Board Chair @olatij.bsky.social on the weaponization of Title VI and how attacks on racial equity are unmoored from what the Supreme Court actually held in SFFA.
This is a great essay by @olatij.bsky.social, and worth reading alongside Trump's "proclamation" restricting foreign visas at Harvard, which cites (among other things) the university's purported non-compliance with the Supreme Court's decision in the SFFA case.
The great @olatij.bsky.social writes for our @knightcolumbia.org series on federal funding & the First Am, about how SFFA and Title VI are being stretched far beyond their intended reach in service of Trump’s attacks on universities.
For our blog series on Federal Funding and the First Amendment, @olatij.bsky.social writes about how the Trump administration is distorting the Supreme Court's decision in Students for Fair Admissions v. Harvard in its efforts to assert control over universities. knightcolumbia.org/blog/the-str...
Last week I promoted my essay about conditional funding, the First Amendment, and academic freedom on the Knight Institute website. I've posted the same essay on my blog, now with a link to some of the other essays that have come in. I'm looking forward to a day discussing these issues tomorrow.
Remember the 15 years of investigation, hearings, administrative guidance it took to revoke the tax exemption of schools with written policies prohibiting admission of black students and forbidding interracial dating? I wrote about Goldsboro and Bob Jones here:
papers.ssrn.com/sol3/papers.....
This will be amazing!! RSVP now to hold your spot- 6 brilliant constitutional law and history scholars discussing how the stories we tell about the past shape our future. MCLE credit available. @acslaw.bsky.social@marthasjones.bsky.social@olatij.bsky.social@fpeterson.bsky.social
Some of my Columbia Law School colleagues and I offer our thoughts on legal issues with the Administration's March 13, 2025 letter to our University's president, and its threat to academic freedom. balkin.blogspot.com/2025/03/a-ti...
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...
PUBLICATION - Dans @liberation.fr, j'ai publié aujourd'hui une tribune sur la crise constitutionnelle aux Etats-Unis : existe-t-elle ? Quelles affaires faut-il suivre pour s'en apercevoir ? Peut-on dire comme certains que c'est du "business as usual" ? (spoiler:non)
www.liberation.fr/idees-et-deb...
I appreciate this re-amplification by @ilrreview.bsky.social though I understand the political climate at the state level is harder for labor and civil rights than when I wrote this several years ago
Are worker protective legislations viable in the face of current legal and political challenges? @olatij.bsky.social@columbialawschool.bsky.social argues that because of state preemption laws, civil rights and labor advocates have to engage politics at the state level.
doi.org/10.1177/0019...
New casebook! State Constitutional Law: Cases and Principles, by Jessica Bulman-Pozen and me, will be published by Foundation Press this spring and ready for fall classes! We’re happy to chat with anyone who’s thinking of teaching the class.
LISTEN: Judge Coughenour condemns Trump’s assault on birthright citizenship.
It is “apparent that to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore…for political or personal gain.”
Part 1:
Enjoyed this chance to learn from @bmluse.bsky.social and Wesley Lowery. Ignore my lack of Grammys knowledge at the end.
Did DEI D.I.E.? Welcome to a new kind of 'civil rights' era