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Maxine Eichner

@maxineeichner

Law Prof. Families, gender, reproductive rights, and inequality. Views definitely not UNC’s.

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28.11.2023
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Latest posts by Maxine Eichner @maxineeichner

This is terrific! Thank you!

13.03.2026 18:43 👍 0 🔁 0 💬 0 📌 0

For Berger to be considered a “RINO,” you need to adopt a ridiculously broad meaning of the term.

13.03.2026 18:08 👍 1 🔁 0 💬 1 📌 0
"Retrenchment by Diversion: the New Politics of Parental Rights" by Mary Ziegler, Maxine Eichner et al. For the past century, the Supreme Court has repeatedly affirmed the importance of parents’ rights to direct their children’s upbringing and education. Yet suddenly the rhetoric of parental rights is b...

The same coauthors and I wrote a piece saying pretty much this in more academic language, which came out in Michigan Law Review awhile back. It's here: repository.law.umich.edu/mlr/vol123/i...

12.03.2026 21:14 👍 1 🔁 0 💬 1 📌 0
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The Supreme Court’s Favorite New Excuse to Rule Against LGBTQ+ Kids The push for parental rights doesn’t extend to all parents.

@maryrziegler.bsky.social, @naomicahn.bsky.social
and I just wrote TWO different columns on parental rights. The Slate piece covers SCOTUS's recent shadow docket opinion,
slate.com/news-and-pol..., and this Brennan Ctr column is on TX SCOTUS and child abuse. statecourtreport.org/our-work/ana...

12.03.2026 20:15 👍 2 🔁 0 💬 0 📌 1
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Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.

NEW: Texas amended its constitution in 2025 to establish parents' fundamental right to make decisions about a child’s upbringing. Texas justices recently suggested this could invalidate state child abuse laws. Here's what to know about the oral argument. statecourtreport.org/our-work/ana...

12.03.2026 19:46 👍 21 🔁 14 💬 2 📌 3
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Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.

Ran out of characters, but this excellent analysis came from @maryrziegler.bsky.social @naomicahn.bsky.social & @maxineeichner.bsky.social. Check it out! statecourtreport.org/our-work/ana...

12.03.2026 19:46 👍 2 🔁 2 💬 0 📌 0

Setting aside the content, this is too gramatically correct for Trump to have written himself.

11.03.2026 23:45 👍 9 🔁 0 💬 1 📌 0

Should have spent the entire 40k on the makeup room

11.03.2026 17:26 👍 0 🔁 0 💬 0 📌 0

My wife has a lot of family in Poland, and one of her cousins was asking how the US can possibly afford this. The answer is, our public infrastructure and services suck colossally

05.03.2026 14:18 👍 148 🔁 36 💬 5 📌 1
Opting Out: <i>Mahmoud</i>, Public Education, and the Future of Parental Rights <p>In last summer’s earth-shaking opinion in Mahmoud v. Taylor, the Supreme Court held that the Free Exercise Clause protects parents’ freedom to opt their chil

Happy to share my latest with @naomicahn.bsky.social and @maxineeichner.bsky.social on Mahmoud, forthcoming in the Duke Law Journal and now on SSRN:

papers.ssrn.com/sol3/papers....

06.03.2026 01:56 👍 15 🔁 3 💬 0 📌 0

Brutal. Once again proves the rule that no smart person engages in an interview with Chotiner.

04.03.2026 20:41 👍 0 🔁 0 💬 0 📌 0
Another contrast—this time, between this case and United States v. Skrmetti, 605 U. S. 495 (2025)—is also striking. In Skrmetti, several parents challenged Tennessee’s ban on gender-affirming care for minors. The suit raised claims grounded in both equal protection and substantive due process. As to the latter, the parents in Skrmetti, similarly to the parents here, asserted a right “to make decisions concerning medical care for their minor children.”  Pet. for Cert., O. T. 2023, No. 23–466, p. 34; see id., at 18 (invoking a “right of parents with respect to the care, custody, and control of their children, including in decisions about medical care”).  And in support of that right, the Skrmetti parents relied on the same precedents the Court does today: Parham, 442 U. S. 584, and Pierce, 268 U. S. 510. See Pet. for Cert., No. 23–466, at 34–36; ante, at 5–6. But the Court, when deciding to grant certiorari in Skrmetti, limited its review to the equal protection issue: It would not even hear the parents out on their substantive due process claim.

Another contrast—this time, between this case and United States v. Skrmetti, 605 U. S. 495 (2025)—is also striking. In Skrmetti, several parents challenged Tennessee’s ban on gender-affirming care for minors. The suit raised claims grounded in both equal protection and substantive due process. As to the latter, the parents in Skrmetti, similarly to the parents here, asserted a right “to make decisions concerning medical care for their minor children.” Pet. for Cert., O. T. 2023, No. 23–466, p. 34; see id., at 18 (invoking a “right of parents with respect to the care, custody, and control of their children, including in decisions about medical care”). And in support of that right, the Skrmetti parents relied on the same precedents the Court does today: Parham, 442 U. S. 584, and Pierce, 268 U. S. 510. See Pet. for Cert., No. 23–466, at 34–36; ante, at 5–6. But the Court, when deciding to grant certiorari in Skrmetti, limited its review to the equal protection issue: It would not even hear the parents out on their substantive due process claim.

This footnote in the Kagan dissent specifically called out how they avoided this sdp claim in the Skrmetti case but then decided it here in an emergency shadow docket posture here. It's all calvinball where the principal is whatever hurts trans people.

03.03.2026 02:43 👍 122 🔁 37 💬 2 📌 0

A disturbing and hypocritical ruling on so many levels. Especially the due process holding.

The court JUST said there’s no deeply rooted right for women to control their own bodies. But there is a deeply rooted right for parents to know if their kids question their gender at school? Come on.

03.03.2026 00:30 👍 1737 🔁 519 💬 44 📌 28
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02.03.2026 18:25 👍 0 🔁 0 💬 0 📌 0
Trump calls fallen soldiers “suckers” and “losers”.

Trump calls fallen soldiers “suckers” and “losers”.

And then there’s Trump.

01.03.2026 23:10 👍 3 🔁 1 💬 0 📌 0
John Kelly confirmed that President Trump called fallen soldiers “suckers” and “losers”

John Kelly confirmed that President Trump called fallen soldiers “suckers” and “losers”

01.03.2026 19:05 👍 1 🔁 0 💬 0 📌 0

War is not a morality play.

The relevant question isn’t: Are the targets bad people who have done bad things?

The relevant question is: Will going to war make things better, achieving something that’s worth the death and suffering it causes?

28.02.2026 16:58 👍 521 🔁 117 💬 13 📌 12

Assuming that this administration‘s evil exceeds its stupidity is not always a safe bet.

28.02.2026 16:47 👍 2 🔁 0 💬 0 📌 0

Killing a bunch of elementary school girls to distract from having raped a bunch of middle- and high-school girls is pretty fucking grim.

28.02.2026 16:34 👍 3017 🔁 805 💬 42 📌 18
28.02.2026 16:32 👍 17 🔁 4 💬 1 📌 0
Pete Buttigieg • @PeteButtigieg

The President has launched our nation and our great military into a war of choice, risking American lives and resources, ignoring American law, and endangering our allies and partners. It does nothing to help with the urgent problems here at home that Americans face every day. This nation learned the hard way that an unnecessary war, with no plan for what comes next, can lead to years of chaos and put America in still greater danger.

Pete Buttigieg • @PeteButtigieg The President has launched our nation and our great military into a war of choice, risking American lives and resources, ignoring American law, and endangering our allies and partners. It does nothing to help with the urgent problems here at home that Americans face every day. This nation learned the hard way that an unnecessary war, with no plan for what comes next, can lead to years of chaos and put America in still greater danger.

🎯🎯🎯

28.02.2026 16:18 👍 925 🔁 396 💬 32 📌 12
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For Trump, the Iran Attack Is the Ultimate War of Choice

The must-read of the day. Although “war of choice” is actually a euphemism. It’s a war of whim, of ego, of madness. Gift link. www.nytimes.com/2026/02/28/u...

28.02.2026 16:27 👍 352 🔁 136 💬 15 📌 6
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Trump says he is a savior of women’s sports. His ice hockey joke showed what he really thinks | Austin Killips The president and his allies have never been interested in helping or elevating female athletes. His true feelings were exposed on Sunday

This Guardian op-ed nails it: “On the right, female athletes are only significant in the shadow of the transgender menace. They are …useful pawns for a political project aimed not at advancing women’s sport but purging transgender people from public life.”
www.theguardian.com/sport/2026/f...

27.02.2026 16:36 👍 2 🔁 0 💬 0 📌 0

Very normal. Judges usually rely on the adversarial process to locate applicable laws. Rarely, where the process isn’t adversarial, as in warrant applications, judges are used to government pointing out relevant laws. The problem is that government can’t be relied on to do that anymore.

25.02.2026 20:49 👍 3 🔁 0 💬 0 📌 0

On the plus side, I am learning which sane-washing talking heads it makes sense to unfollow.

25.02.2026 04:49 👍 13 🔁 0 💬 0 📌 0

If they were looking for clerks who knew lots about the law they wouldn't be hiring so many straight out of law school.

20.02.2026 23:33 👍 1 🔁 0 💬 0 📌 0
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ICE Agents Menaced Minnesota Protesters at Their Homes, Filings Say

This is horrifying. Trump’s paramilitary (aka ICE) is tracking dissenters and menacing them at their homes. www.nytimes.com/2026/02/13/u...

14.02.2026 16:34 👍 3 🔁 0 💬 0 📌 0

Tab was the best!

13.02.2026 01:38 👍 1 🔁 0 💬 0 📌 0

We are, I’m afraid, leaving the youngsters behind on this one…

12.02.2026 23:04 👍 0 🔁 0 💬 0 📌 0
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Who says there’s no white culture????

12.02.2026 21:37 👍 49 🔁 4 💬 3 📌 1