He would keep qualified immunity but get rid of the second "clearly established" prong 2/pic.twitter.com/HtgUBKZkqC
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He would keep qualified immunity but get rid of the second "clearly established" prong 2/pic.twitter.com/HtgUBKZkqC
He would have remanded the firefighter's vaccine claim in for further record analysis - asking, for example, whether the department gives other people exceptions for this vaccine. /3pic.twitter.com/QlNCotdELw
Back on QI, he gets rid of the second prong, but it wouldn't make any difference in the police violence cases because he has a very capacious view (it seems) of what the police ought to be allowed to do. /4pic.twitter.com/izXX4qe6BE
And he reprises his recent dissents in cases finding that officers violated people's rights - /5pic.twitter.com/Ilqxfm0030
But he says in religious accommodation cases, the government should have lost /6pic.twitter.com/G4uDsMOlH9
So if I've understood his view right, 1 prong of QI, but applied forcefully to push out police violence cases (because the common law didn't recognize those claims, I think) but that would let religious discrimination claims through. /e
As much as I dislike Smith, overruling it will eventually cause chaos. People will learn to regularly cast their dissent in religious terms, which will make it hard to have any general laws. Religious exemptions and democracy only work for small religious minorities.
I argued with one strong religious liberty advocate who insisted that a prosecutor’s office should be required to hire me for a position in their death penalty unit—even though my faith requires me to always fight against the death penalty.
Well, I am fond of Jim Ho but being quoted by him is about like being run out of town--except for the honor I'd just as soon walk on my own.
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