The Latest Breaking News from 303 Creative

Following the Supreme Court's remand to the Tenth Circuit, which in turn led to the remand to district court, Chief Judge Philip Brimmer (D. Colo.) rendered the following order Tuesday: It is ORDERED that plaintiffs are the prevailing parties in this action under 42 U.S.C. § 1988(b). Plaintiffs and their…

How private universities can use Boy Scouts v. Dale to get out from under Students for Fair Admissions

Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.

Procedure, soundbites, popular views, and more combined to create legally unfounded memes.

Recent reporting doesn't materially undermine, and could even strengthen, the case for standing.

The Court had ample reason to find a "credible threat" of enforcement, consistent with existing case law.

Is the legal left beginning to adopt a hawkish attitude toward standing?

https://www.youtube.com/watch?v=MJ_aPtt4U8M I saw this new article by Prof. Richard Re, a leading scholar of federal courts law and my former UCLA colleague, and asked him if he would guest-blog about it; I'm delighted to say that he kindly agreed. Here's the abstract: Perhaps the most surprising feature of the last…

Twenty years ago, the Cato Institute published my book, You Can't Say That!: The Growing Threat to Civil Liberties from Antidiscrimination Laws. The basic theme of the book was that as the scope of antidiscrimination laws has expanded, these laws increasingly infringe on bedrock constitutional liberties, especially freedom of expression.…