- Posted: May 17, 2024 / The Courts and the Culture War
Written by: Elizabeth WolsteinFourth Circuit Undoes District Court’s Judgment Upholding West Virginia Statute Barring Biological Males From Girls’ Sports Teams
Last year we wrote about BPJ v. West Virginia Bd. of Educ., in which the district court reverse… Read More
- Posted: March 15, 2024 / The Courts and the Culture War
Written by: Elizabeth WolsteinCurrent And Former Female College Athletes File Lawsuit Challenging NCAA Transgender Eligibility Policies
A group of current and former female college athletes has filed a sprawling class action lawsuit challenging NCAA policies that allow transgender women (biological men) to compete on women’s teams. The suit was filed on March 14, 2024, in the U.S. District Court for the Northern District of Georgia, in Atlanta, against the NCAA, several Georgia public universities, and individual members of the Board of Regents of the University of Georgia system. It asserts claims for discrimination against women under... Read More
- Posted: March 13, 2024 / The Courts and the Culture War
Written by: Elizabeth WolsteinProspective Applicant For Faculty Position Lacked Standing To Challenge DEI Statement Requirement Because He Had Not Applied For Position; Second Circuit Rejects Association’s Standing To Challenge Pfizer Minorities-Only Fellowship
Standing doctrine takes center stage in today’s post. First up is a challenge to faculty DEI statements. A California district court has held that a prospective applicant for a faculty position lacked standing to challenge the university’s DEI statement requirement because he had not applied for the position. Thus, the court did not reach the merits of the plaintiff’s First Amendment claims for unconstitutional conditions and viewpoint discrimination. The case is Haltigan v. Drake, No. 23-cv-02437-EJD, 2024 WL 150729 (N.D. Cal. Jan. 12, 2024) (opinion here). Read More
- Posted: January 11, 2024 / The Courts and the Culture War
Written by: Elizabeth WolsteinEn Banc Second Circuit Rules Female Athletes Have Standing To Challenge High School Conference Rule Allowing Participation Of Transgender Girls On Girls Teams
The Second Circuit does not often sit en banc. But in December 2023, the en banc Court ruled t… Read More
- Posted: October 13, 2023 / The Courts and the Culture War
Written by: Elizabeth WolsteinImpressions of International Conference in Budapest on Challenges Facing the Judiciary
For today’s post we will take a break from the culture war so I can share my impressions of a conference in Budapest in which I participated, in late September, called Challenges Facing the Judiciary in the 21st Century. The conference was sponsored by Hungary’s University of Public Service and brought together judges, law professors, and others from Hungary and surrounding countries. I was a somewhat unique participant in that I was the only American, the only practicing lawyer, and the only panelist from a common law system. For my presentation, I sought to show how, in my opinion, constitutional analysis has become distorted in culture war cases such as those discussed in this blog. Read More
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