Jessica Clarke

They, Them, and Theirs is now out in @HarvLRev. harvardlawreview.org/2019/01/they-t…

In this draft, I argue that Skrmetti is a harmful decision that represents the worst sort of legal formalism. But it does not predetermine the results in other transgender rights cases or eviscerate sex discrimination law.

I've posted a draft article on the Supreme Court's Skrmetti decision on SSRN. papers.ssrn.com/sol3/papers.cf…

While limited, this decision is nonetheless devastating. Justice Sotomayor is right that "By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims.” 13/end

Skrmetti does not endorse the "circular" reasoning of the Sixth Circuit that in order to constitute a sex classification, a law must also constitute stereotyping, invidious discrimination, or unfair treatment. Justice Sotomayor explains this in her dissent: 12/x

Today's Skrmetti opinion is devastating to transgender children and families who live in states with cruel laws barring gender affirming care. But this opinion does not give private entities, legislatures, or the President carte blanche to discriminate! 1/x

Wow, what an honor to have an article in an issue with three fantastic pieces by scholars I respect and admire. Thanks @UChiLRev

Volume 92.1 is now live, featuring Articles by @clarkeja; David Freeman Engstrom, Nora Freeman Engstrom, Jonah B. Gelbach, Austin Peters & Garrett M. Wen; Richard Schragger, @mjschwartzman & @NelsonTebbe; and one Essay by Mark J. Roe & @mikesimkovic. lawreview.uchicago.edu.

In her Article, @clarkeja draws support from the principles undergirding anticlassification rules announced by the Roberts Court to argue that all sex classifications, like all race-based ones, ought to trigger heightened constitutional scrutiny.

Thanks to @UChiLRev for their professionalism, hard work, and excellent editorial assistance and advice.

My article Scrutinizing Sex is out in the @UChiLRev today. I argue that the Roberts Court's equal protection jurisprudence, including cases on both race and sex, requires a decision for the transgender plaintiffs in Skrmetti. lawreview.uchicago.edu/sites/defaul..