Sign in

Nelson Tebbe

@nelsontebbe.bsky.social
88 followers 28 following 10 posts
PostsRepliesMedia
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 7h
As Linda Greenhouse writes, St. Mary v Roy is a case asking a fundamental question about religious freedom: “Equality or preference?” She links my article with @nelsontebbe.bsky.social and @richschragger.bsky.social, arguing that the Court is committed to the latter — a doctrine of preference.
nytimes.com
Opinion | This Case Has Flown Under the Radar. It Won’t Stay There.
This case has flown under the radar, but it won’t stay there.
1135
Nelson Tebbe @nelsontebbe.bsky.social · 16h
Quoted by Linda Greenhouse @micahschwartzman.bsky.social
000
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 15/09/2026
Publication day for this volume. My thanks to co-editors @nelsontebbe.bsky.social and Cécile Laborde, and to a terrific set of authors, for seeing it through. Thanks also to Anna Schuleit Haber for allowing us to include her artwork in the cover design. global.oup.com/academic/pro...
0106
Nelson Tebbe @nelsontebbe.bsky.social · 22/05/2026
Thanks to Adam Liptak for mentioning First Amendment Inversion static.nytimes.com/email-conten... @texaslawreview @adamliptak.bsky.social
static.nytimes.com
The Docket: Trump’s $1.8 billion fund in the cross hairs
021
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 21/04/2026
There’s about to be lots of doctrinal analysis of the Fifth Circuit’s 10 Commandments case. But the outcome was easily predictable, for reasons that @richschragger.bsky.social and @nelsontebbe.bsky.social laid out in our paper on Reestablishing Religion: lawreview.uchicago.edu/print-archiv....
lawreview.uchicago.edu
Reestablishing Religion | The University of Chicago Law Review
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. Now, the government must treat religion equally with respect to providing public benef...
0122
Reposted by Nelson Tebbe
Lawrence Solum @lsolum.bsky.social · 14/04/2026
Tebbe on First Amendment Inversion Nelson Tebbe (Cornell Law School) has posted First Amendment Inversion (Texas Law Review, Vol. 104:509) on SSRN. Here is the abstract: First Amendment politics have inverted in key areas of speech law. Positions previously associated with legal conservatism have…
legaltheoryblog.com
Tebbe on First Amendment Inversion
Nelson Tebbe (Cornell Law School) has posted First Amendment Inversion (Texas Law Review, Vol. 104:509) on SSRN. Here is the abstract: First Amendment politics have inverted in key areas of speech law. Positions previously associated with legal conservatism have been adopted by liberal ideology, and vice versa. Familiar views have been scrambled not only on the Supreme Court but also in public debate.
022
Reposted by Nelson Tebbe
Richard Primus @richardprimus.bsky.social · 22/02/2026
University of Michigan: On Friday, come participate in a day-long conference discussing/criticizing my new book *The Oldest Constitutional Question: Enumeration and Federal Power.* With Profs. Jack Balkin (Yale), Maggie Blackhawk (NYU), Sam Erman (Michigan), Jonathan Gienapp (Stanford)… (1/4)
2328
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 08/12/2025
The Supreme Court signaling that Mahmoud may extend beyond curricular opt-outs. We anticipated this move in the vaccine context in our recent comment, @richschragger.bsky.social and @nelsontebbe.bsky.social, harvardlawreview.org/print/vol-13....
0119
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 11/11/2025
The Supreme Court had three religious freedom cases last Term. With @richschragger.bsky.social and @nelsontebbe.bsky.social, our latest comments on them, extending our analysis of religious preferentialism under the First Amendment. harvardlawreview.org/print/vol-13...
harvardlawreview.org
The Structure of Religious Preference - Harvard Law Review
A revolution has occurred in the law of religious freedom. At this point, the picture is reasonably clear. The Supreme Court has greatly expanded the scope of the Free Exercise Clause.
22715
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 20/09/2025
Also exceedingly rare for a court to cite Schragger, Schwartzman, and Tebbe, but lo and behold.
0235
Nelson Tebbe @nelsontebbe.bsky.social · 23/04/2025
Some thoughts on Mahmoud v. Taylor, where parents are seeking to exempt their kids from elements of the public school curriculum that teach acceptance of LGBTQ people. (This interview was conducted before yesterday's oral argument.) time.com/7279370/mahm...
time.com
What's At Stake In The Supreme Court LGBTQ+ Schoolbooks Case
Maryland parents are seeking opt-out measures for classroom instruction featuring LGBTQ+ people.
011
Reposted by Nelson Tebbe
Marty Lederman @martylederman.bsky.social · 08/04/2025
Along with fellow Religion Clause scholars, I filed an amicus brief yesterday arguing that the Establishment Clause would prohibit such an establishment (and also prohibit the state's sponsorship and funding of the religious school). www.supremecourt.gov/DocketPDF/24...
supremecourt.gov
3317
Reposted by Nelson Tebbe
Marty Lederman @martylederman.bsky.social · 09/04/2025
My fellow amici are @bjessiehill.bsky.social, Bill Marshall, @micahschwartzman.bsky.social, @richschragger.bsky.social, and @nelsontebbe.bsky.social. Don Verrilli is the Counsel of Record. [3]
2111
Nelson Tebbe @nelsontebbe.bsky.social · 09/04/2025
In this brief in Mahmoud, Larry Sager and I argue that Tandon, property understood, requires equal value toward religious groups. Nothing in Mahmoud indicates devaluing, all things considered. Outstanding work by Becca Hansen, Rachel Miller-Ziegler, and Helen White of Munger Tolles.
supremecourt.gov
001
Nelson Tebbe @nelsontebbe.bsky.social · 09/04/2025
Here's our amicus brief in Drummond, where the Court is considering whether Oklahoma must fund a religious charter school. Our distinctive argument is that the answer is no, regardless of whether the school is public or private. Thanks to Marty Lederman for drafting, and to Don Verrilli as counsel.
supremecourt.gov
001
Nelson Tebbe @nelsontebbe.bsky.social · 31/03/2025
www.wbur.org/hereandnow/2...
wbur.org
Supreme Court hears case about religious tax exemption
The Supreme Court is considering a case about a Catholic charity in Wisconsin that's seeking an exemption from paying into the state's unemployment insurance system.
000
Reposted by Nelson Tebbe
Sam Bagenstos @sbagen.bsky.social · 07/03/2025
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...
nytimes.com
The Trump administration cancels $400 million in grants and contracts to Columbia University.
1142968954
Reposted by Nelson Tebbe
Katherine Mims Crocker @crockeroncourts.bsky.social · 28/02/2025
Congrats to the Texas A&M Law Review for hosting a fantastic symposium today on Jack Balkin's book "Memory and Authority." What a treat to talk constitutional interpretation with these great scholars! ⬇️
2254
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 07/02/2025
Will always be a sucker for the hard copy.
2294
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 28/01/2025
In addition to general constitutional objections to Trump’s impoundment, religious recipients of federal grants/aid would seem to have free exercise claims under Fulton/Sherbert, given that this order creates a system of discretionary exemptions and individualized assessments. Relevant text below:
0208
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 02/01/2025
Starting off 2025 with the publication of Reestablishing Religion, co-authored with @richschragger.bsky.social and @nelsontebbe.bsky.social. lawreview.uchicago.edu/print-archiv...
33110
Reposted by Nelson Tebbe
Micah Schwartzman @micahschwartzman.bsky.social · 24/01/2025
For the political economy of this case, and predictions about it, I’m (again, I know) re-upping my article, Reestablishing Religion, with @nelsontebbe.bsky.social and @richschragger.bsky.social: lawreview.uchicago.edu/print-archiv...
nytimes.com
Supreme Court to Hear Oklahoma Religious Charter School Case
The proposal to create the nation’s first religious charter school paid for by taxpayer funds could move the line between church and state in education.
164