Law Matters — Episode 13

ddavies Appearances, Constitutional Law

Alicia Kutzer and Bill Olson discuss our Parents Defending Education v. Olentangy Local School District amicus brief at the Sixth Circuit.  In this case, a school district is censoring the free speech rights of students by banning the use of pronouns reflective of the biological sex of another student and compelling the use of other students’ preferred pronouns.

DeKalb County Republican Party v. Raffensperger — Supplemental Amicus Brief

ddavies Election Law

Alarmed at the Secretary of State’s argument at the hearing that he has no continuing duty to ensure that the election equipment remains in compliance with the USEAC and VVSG standards, we filed a supplemental amicus brief arguing that the Georgia Constitution and statutes do impose a continuing requirement on the Secretary to ensure that elections are lawfully conducted.

Link to Motion to File and Supplemental Amicus Brief

Louisiana v. Dept. of Education — Amicus Brief

ddavies Constitutional Law, U. S. Court of Appeals, Fifth Circuit

Today, we filed an Amicus brief in the Fifth Circuit supporting a challenge brought by Louisiana, Mississippi, Montana and Idaho to the U.S. Department of Education’s April 29, 2024 Final Rule.  That Rule expanded the meaning of the Title IX ban on discrimination “on the basis of sex” to include discrimination on the basis of “sex stereotypes, sex characteristics, sexual orientation, and gender identity.”   Our brief argued that the Rule destroys personal privacy for women and girls; destroys women’s and girls’ sports; and censors the free speech rights of teachers and students.  We argue that the Supreme Court’s Bostock decision should neither control nor inform a decision in this case.  Finally, we point out that the DOE Rule presupposes that biological sex is not an immutable reality, but rather a social construct, changeable at will. Link to brief Link to prior Title IX amicus brief, Tennessee v. Cardona