Calvinball: LGBTIQ Rights Before the Supreme Court Again Soon - San Francisco Bay Times
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Calvinball: LGBTIQ Rights Before the Supreme Court Again Soon - San Francisco Bay Times
""Calvinball jurisprudence with a twist.""
""Calvinball has only one rule: There are no fixed rules. We seem to have two: that one, and [the Trump] Administration always wins.""
""'[R]ight when the Judiciary should be hunkering down to do all it can to preserve the law's constraints,' the Court opts instead to make vindicating the rule of law and preventing manifestly injurious Government action as difficult as possible."}],"
""Calvinball jurisprudence with a twist.""
The Supreme Court's Republican-nominated supermajority has repeatedly upheld Trump administration actions while applying shifting doctrinal rules that favor government victory. A prominent metaphor frames those rulings as a game without fixed rules, with outcomes consistently benefiting the administration. The Court has simultaneously made it harder to vindicate the rule of law and to prevent clearly injurious government actions. Conservative Christian plaintiffs have frequently sought religious exemptions from laws meant to protect or support LGBTIQ people, using varied legal theories. Those exemption cases reveal inconsistent holdings and outcomes that often prioritize claimed religious liberty over statutory or constitutional protections for LGBTIQ individuals.
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