- Posted: October 28, 2024 / The Courts and the Culture War
Written by: Elizabeth WolsteinStanding Doctrine Strikes Again To Bar Professor’s First Amendment Challenge To DEI Mandates
A California federal court has again applied standing doctrine to insulate DEI policies from a facul… Read More
- 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
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