Jessica Clarke (@clarkeja) profile picture

Jessica Clarke

@clarkeja

Professor at USC, specializing in anti-discrimination law. She/her.

 Los Angeles, CA
papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=1325345
Joined January 2009
  • Tweets392
  • Following714
  • Followers2K
They, Them, and Theirs is now out in @HarvLRev. harvardlawreview.org/2019/01…
Image from Jessica Clarke (@clarkeja)
6
32
4
136
I've posted a draft article on the Supreme Court's Skrmetti decision on SSRN. papers.ssrn.com/sol3/papers.…
Image from Jessica Clarke (@clarkeja)
1
5
226
In this draft, I argue that Skrmetti is a harmful decision that represents the worst sort of legal formalism. But it does not predetermine the results in other transgender rights cases or eviscerate sex discrimination law.
1
2
122
Today's Skrmetti opinion is devastating to transgender children and families who live in states with cruel laws barring gender affirming care. But this opinion does not give private entities, legislatures, or the President carte blanche to discriminate! 1/x
1
3
220
more replies
Skrmetti does not endorse the "circular" reasoning of the Sixth Circuit that in order to constitute a sex classification, a law must also constitute stereotyping, invidious discrimination, or unfair treatment. Justice Sotomayor explains this in her dissent: 12/x
Image from Jessica Clarke (@clarkeja)
1
1
147
While limited, this decision is nonetheless devastating. Justice Sotomayor is right that "By retreating from meaningful judicial review exactly where it matters most, the Court abandons transgender children and their families to political whims.” 13/end
145
Wow, what an honor to have an article in an issue with three fantastic pieces by scholars I respect and admire. Thanks @UChiLRev
UChicago Law Review (@UChiLRev) profile pictureUChicago Law Review@UChiLRev2 Jan 2025
Volume 92.1 is now live, featuring Articles by @clarkeja; David Freeman Engstrom, Nora Freeman Engstrom, Jonah B. Gelbach, Austin Peters & Garrett M. Wen; Richard Schragger, @mjschwartzman & @NelsonTebbe; and one Essay by Mark J. Roe & @mikesimkovic. lawreview.uchicago.edu.
Image from UChicago Law Review (@UChiLRev)
13
1,140
Volume 92.1 is now live, featuring Articles by @clarkeja; David Freeman Engstrom, Nora Freeman Engstrom, Jonah B. Gelbach, Austin Peters & Garrett M. Wen; Richard Schragger, @mjschwartzman & @NelsonTebbe; and one Essay by Mark J. Roe & @mikesimkovic. lawreview.uchicago.edu.
Image from UChicago Law Review (@UChiLRev)
1
4
1
12
2,510
In her Article, @clarkeja draws support from the principles undergirding anticlassification rules announced by the Roberts Court to argue that all sex classifications, like all race-based ones, ought to trigger heightened constitutional scrutiny.
Image from UChicago Law Review (@UChiLRev)
1
1
4
730
My article Scrutinizing Sex is out in the @UChiLRev today. I argue that the Roberts Court's equal protection jurisprudence, including cases on both race and sex, requires a decision for the transgender plaintiffs in Skrmetti. lawreview.uchicago.edu/sites…..
Image from Jessica Clarke (@clarkeja)
2
1
9
979
Thanks to @UChiLRev for their professionalism, hard work, and excellent editorial assistance and advice.
3
101
Load more