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Disrupted Symmetry
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Baylor religious exemption to Title IX sexual harassment rules draws criticism
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Taylor v. Riojas might have been overlooked, even by civil rights lawyers. The Supreme Court has made clear that officials can still be on notice that their conduct violates established law even in novel factual circumstances. @BrianneGorod
But the case is significant because it is a rare instance in which the high court rejected a claim of qualified immunity and made clear that no case on point is required in order to hold a government officer liable.
Obviously, it is not possible to know whether it is an aberration because of extreme facts or the beginning of a new more civil rights friendly approach. But a victory in the Supreme Court for a civil rights plaintiff in a qualified immunity case is notable and could matter in lower court litigation.
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