Wednesday, April 14, 2021

The sloppy Sixth Circuit

Andrew Koppelman

A federal court of appeals was so unsympathetic to a transgender student that it sloppily misstated what had happened in the case and gave faculty a broad license to mistreat minorities. I explain in a new piece at the American Prospect, here.

Appellate decisions are supposed to be based on a careful review of the record. I've criticized the substance of the Sixth Circuit's Meriwether decision elsewhere.  But this new piece points to something worse: professional incompetence.  The university lost, and doubtless will now have to settle for some significant sum of money, because the Court of Appeals carelessly misconstrued the facts, and angrily denounced the university for what it had not done. 

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