Stephanie Hall Barclay
@shbarclay
Followers
2,633
Following
1,259
Media
114
Statuses
1,184
Professor of Law @NDLaw and Director of the @NDLawRLI . I teach First Amendment, Law and Religion, and Constitutional Law. My scholarship is here:
Joined February 2015
Don't wanna be here?
Send us removal request.
Explore trending content on Musk Viewer
#getoutofrafah
• 475494 Tweets
Macklemore
• 416463 Tweets
Stormy Daniels
• 175091 Tweets
Tango
• 66052 Tweets
iPad Pro
• 57926 Tweets
Switch 2
• 49941 Tweets
Hi-Fi Rush
• 42080 Tweets
#PSGBVB
• 39559 Tweets
Olon
• 37563 Tweets
iPad Air
• 31927 Tweets
Arkane Austin
• 27870 Tweets
Rebeca García
• 26848 Tweets
生田斗真
• 23151 Tweets
Redfall
• 21883 Tweets
#DCvsRR
• 19766 Tweets
Parc
• 19133 Tweets
Prey
• 18341 Tweets
Princes
• 18267 Tweets
無痛分娩
• 14942 Tweets
Apple Pencil Pro
• 14692 Tweets
Ghostwire
• 12327 Tweets
The Evil Within
• 12218 Tweets
Some news: I'm delighted to share that I'll be joining the incredible faculty at Notre Dame Law School this fall.
@NDLaw
@NotreDame
Also, I'll be forever grateful to, and will dearly miss, my brilliant and generous colleagues and students at
@BYULaw
. Please keep in touch!
56
12
409
I’m happy to share that I’ll be joining the faculty at
@GeorgetownLaw
as a professor of law with tenure this fall. I’ll also serve as faculty co-director of the Georgetown Center for the Constitution (
@GUConstitution
). My family and I are excited for this next chapter!
59
15
403
Very grateful and touched to have won a professor of the year award from the
@BYULaw
students this year.
Just wish I could hug my students in person and let them know what a privilege it has been to be part of their legal education.
23
6
246
I’m so grateful to the many mentors and colleagues who made this possible, and especially to Justice Gorsuch for giving me this incredible opportunity.
@BYULawSchool
@kelsey_dallas
14
23
189
Really happy to learn of my promotion to a full professor of law with tenure, and very grateful for so many wonderful people, including at
@NDLaw
, whose support made it possible.
20
6
169
Excited to be cited by SCOTUS for my first time today, and even more so since I was cited 3 times--in this case, J. Alito's concurring opinion in Fulton v. Phil.
Here are the two cited articles.
@NDLawReview
@BCLawReview
@NDLaw
10
14
165
In today’s oral argument for the Little Sisters’ case, SCOTUS discussed religious exemptions and 3rd party harms. Two points:
1. The states haven’t identified a SINGLE woman who was denied coverage due to an exemption
2. The Court must also consider harms to the Sisters
A thread
3
30
131
Delighted to announce that I am joining the faculty of
@BYULawSchool
as an Associate Professor of Law. I'll be teaching First Amendment this fall and Family Law in the spring. I feel privileged to join such a great group of scholars and colleagues at BYU.
10
13
104
Took the fam for an outing in a national park today, and I came across a sign that sparked all kinds of First Amendment discussions with the kiddos (who were, admittedly, a bit nonplussed).
6
19
88
Thrilled that my paper, An Economic Approach to Religious Exemptions, was selected for presentation at the 2020 Stanford | Harvard | Yale Junior Faculty Forum. Thanks to participants for truly excellent feedback last month. Draft on SSRN & comments welcome
5
7
85
Ever wondered how the First Amendment became first? Did you know that women in Utah and other jurisdictions voted before the 19th Amendment was ratified? I discuss these and other facts about our nation's most enduring document today in the
@washingtonpost
6
30
80
First year teaching at
@NDLaw
in the books, and I feel so lucky to be here. Congratulations to our Class of 2021! This was not an easy year, but your resilience and compassion left me feeling inspired and grateful. Looking forward to watching the great things you'll go on to do!
2
0
78
In the last year, I've published four articles. As a fun coincidence, the prints for three of them arrived in the mail right around the same time. I realized that I forgot to post one on
@SSRN
, so here it is now: Untangling Entanglement,
@WashULRev
7
3
73
A case the Supreme Ct. will hear this fall asks whether the Ct. should reconsider its constitutional approach to religious exemptions. My latest article, forthcoming in the
@NotreDameLRev
, has new historical analysis relevant to that question.
@SSRN
link:
4
18
72
I have a joke about faculty meetings, but it will take three hours to tell it.
4
2
69
Thanks to
@EWTNNewsNightly
for having me on this evening to discuss the new religious liberty initiative I'll be part of at
@NDLaw
.
.
@NDLaw
, the US' oldest Catholic law school, is establishing its own religious liberty clinic which will be launched & led by
@shbarclay
. Professor Barclay discusses the significance of this effort, especially now as COVID-19 restrictions continue to impact in-person worship:
1
5
15
2
4
64
This little coworker is supposed to be napping. Instead, she just did a crib jailbreak, grabbed herself a snack, donned some shades, and sauntered into our home office like she owned the place. Maybe I'll have her teach my class while she's at it.
2
0
54
My 6yo is living his best life right now, "teaching" construction workers in our neighborhood the best way to dig a hole.
2
0
54
We were lucky to have Judges Garland, Griffith, and Rao from the DC Circuit at
@BYULaw
today to judge the student finalists in our Rex E. Lee Memorial Moot Court Competition.
0
2
53
Love this. "I’m friends with a lot of people who don’t share the same beliefs that I have. We’re all different, and I think we’ve forgotten that that’s ok that we’re all different...Be kind to everyone. Doesn’t matter. Even people who are already playing Christmas music."
Yes, that was me at the Cowboys game with George W. Bush over the weekend. Here’s the whole story.
20K
83K
346K
4
3
51
Truth 👇🏽. I'm so grateful this description applies to my husband as well.
Ruth Bader Ginsberg, describing her early career while juggling motherhood (paraphrased but close to verbatim):
“It would have been impossible for me to do what I have done if I didn't have a husband who considered what I did to be as important as what he did."
#AALS2020
17
214
1K
4
0
51
A day that started with us getting woken by an earthquake and news of power outages ended on a surprisingly sweet high note--a sunset walk in the mountains with the kiddos. Hope you all are staying safe, and you can take a minute to squeeze your loved ones extra tight right now.
2
1
48
Tonight in a per curium decision the Supreme Court struck down NY Gov Cuomo’s discriminatory
#COVID19
worship restrictions and made clear that the First Amendment protects religious freedom even during the pandemic.
1
11
46
I'm humbled that
@lsolum
selected my recent article, Replacing Smith, for the Download of the Week.
I have no idea how Larry finds time to review and promote the work of so many scholars in such generous ways. But I'm incredibly grateful that he does!
0
4
47
Fun coincidence: two of my articles are currently listed as the no. 1 and no. 2 top recent downloads for the SSRN Law and Religion eJournal list.
Here's the list …
The papers are 1) Constitutional Rights as Protected Reasons & 2) Replacing Smith.
4
3
45
Listening to inspiring remarks from Judge Barrett today: "Our Constitution is still a work in progress. As a result, there will be strong disagreement about what the next chapter should look like. We should not fear that disagreement. It is a feature, not a bug, of our system."
0
7
42
Lily (3yrs), during her prayers tonight:
" . . . and please bless Siri, and please bless Case, and please bless Uncle Dalton, and please bless Mom and Dad . . . "
*pauses and thinks, then opens her eyes*
"Hey Mom and Dad, why don't you have any names?"
1
0
42
Really enjoyed teaching a religious liberty class at
@Harvard_Law
today with Professor Glendon. Great students with lots of important ideas about these issues.
1
0
42
I'm honored that I was selected to be profiled in
@NotreDame
's 2021
#WomenLead
series. Notre Dame is a special community with so many talented women doing inspiring things. I'm lucky to count many of these women as colleagues, mentors, and friends.
Professor
@shbarclay
, director of ND Law's new Religious Liberty Initiative, is profiled in
@NotreDame
's 2021 Women Lead feature to celebrate International Women's Day and Women's History Month.
Read her story:
0
7
25
2
5
42
My latest forthcoming in the
@YaleLJournal
Forum. SCOTUS has signaled interest in revisiting Empl. Div. v Smith. I assesses potential free ex. doctrinal replacements and defend strict scrutiny as consistent with history and not requiring judicial balancing
1
13
42
Third, this case highlights how the Gov often has ways to reduce harms to 3rd parties while still protecting religious exercise. We should focus more on finding those alternatives---ones that decrease harm for everyone, maximize religious liberty, and avoid needless fights. /End
4
2
41
How should harm to third parties impact the gov's ability to protect religious rights? I address this question in my latest article, First Amendment Categories of Harm, forthcoming in the Indiana Law Journal.
@SSRN
link and abstract below Comments welcome!
2
12
36
Today is a good day. So grateful for the miracle of modern medicine and the many volunteers and experts who made this vaccine possible.
1
0
39
I finished grading my Freedom of Religion class exams this week, and it was really tempting to assign extra credit for all of the punny jokes my class made up regarding the Court's Lemon test. I didn't, but I was sorely tempted. I'm going to miss that class.
8
0
38
Thanks to our friends at
@sjquinney
for inviting me and
@Misteele
to present our new paper about protecting indigenous sacred sites. We really appreciated all the terrific suggestions and insights!
Great presentation on tribal sacred sites from BYU Law professors Michalyn Steele and Stephanie Barclay.
@BYULaw
@shbarclay
2
3
17
0
3
38
Just landed in London with my favorite 8yo and her favorite doll (who also came prepared with a doll-sized passport). I love when my people get to tag along on my work trips.
0
0
37
Such a privilege to hear from Justice Gorsuch at
@BYU
this evening about the importance of civility. One of my favorite quotes: “It is ok to disagree about even the hardest things and still do it kindly.” Read his important new book for more.
@GorsuchBook
0
2
37
Me to 7yo son: Buddy, remember to close the lid to the toilet. That way you won't accidentally drop things in it.
7yo: Oh, yeah! Like when I accidentally dropped this in there last week.
*smiles . . . and picks up my tooth brush*
3
0
34
Just published an article about the Establishment Clause, which seems like a great way to celebrate
#ConstitutionDay
. Some of our historical analysis is relevant to the pending Espinoza case. Thanks to the
@arizlrev
editors for terrific work.
@annika_boone
2
8
35
It was a privilege to speak about religious freedom at Oxford this evening with such a distinguished panel:
@CookQuentinL
, Dr. Rodney Smith, and the Reverend Dr. Teal. Thanks to
@quilldir
for lots of work putting this great event together.
@PembrokeOxford
0
3
33
Big win in Espinoza today! "Montana's no-aid provision discriminates based on religious status...A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious."
0
8
35
Excited for my friend
@Aaron_L_Nielson
, who will do a superb job.
#SCOTUS
appoints
@BYULaw
prof
@Aaron_L_Nielson
as "friend of the court" in Collins v. Mnuchin to argue that structure of Federal Housing Finance Agency does not violate Constitution. Order is here:
3
7
46
1
0
34
This week I gave a closing keynote at the UK Parliament's Ministerial on Freedom of Religion or Belief in London. Last year was an exciting one while on leave for a clerkship, but this event was a fun way to jump back into my life as a professor.
#FoRB
0
0
34
Took my little guy to the dentist today, and this conversation ensued:
6yo: You're really nice.
Hygienist: Thanks, buddy.
6yo: Can you tell me your phone number?
Hygienist: Probably not.
6yo: How about your schedule?
Hygienist: Buddy, I just don't think we're at that level yet.
2
1
33
Terrific new article on
@SSRN
by my friend, Gabrielle Girgis, that defends strict scrutiny as both consistent with original meaning, and as resiliant against judicial subjectivity. Law review editors, take note! This will be an important piece. Link here:
1
7
33
Some good advice from my 8yo for anyone headed back to school. Looking forward to working with a great batch of new
@BYULawSchool
students in First Amendment and Fourteenth Amendment classes this fall!
2
0
30
SCOTUS will here argument in Fulton this week. One issue is whether gov can expand into new spheres of society and then exclude religious groups. I discuss what the historical example involving Ursuline nuns tells us about this question on
@VolokhC
today.
1
9
29
Great discussion today between
@jamalgreene
and
@RandyEBarnett
about the Bill of Rights and adjudication of rights at the annual originalism conference at
@USanDiegoLaw
.
1
2
31
My friend
@Aaron_L_Nielson
is arguing this case before SCOTUS right now, and he's doing a superb job.
With help from, among others, an amazing team of students and advisors from
@BYULaw
, the
@BYUlawlibrary
,
@chris_j_walker
, and many folks from across many areas of law who were willing to answer my emails and phone calls. I’m very fortunate and appreciative.
1
7
37
0
3
30
Husband to 10yo son this morning: Hey buddy, you need to go change your outfit.
10yo: What? This is a great outfit! I wore it to school yesterday.
Husband: Right . . . which is exactly why you need to go change your outfit.
1
0
30
Oxford is magical in the fall, and that's especially true with this little Harry Potter fan.
1
0
30
Typically, I am not much of a baker. But I made fresh apricot pie tonight with some little helpers, and we were all ridiculously pleased with our results.
2
0
30
Grateful to
@lsolum
for including my article, Replacing Smith, on this list of top 10 downloads from 2023.
I've read some of the terrific articles on this list, and now look forward to reading the rest!
Link to my article here
Thanks to
@lsolum
for including me on this list with more deserving folks.
Here's one of my favorites from 2023, by Larry and
@RandyEBarnett
, "Originalism After Dobbs, Bruen, and Kennedy: The Role of History and Tradition."
2
6
25
2
3
30
"We should never despair, our Situation before has been unpromising and has changed for the better, so I trust, it will again. If new difficulties arise, we must only put forth New Exertions and proportion our Efforts to the exigency of the times." George Washington, 1777.
2
4
29
Congrats to my awesome colleagues,
@Misteele
,
@Aaron_L_Nielson
,
@cdasay
,
@mcjennejohn
, Justin Collings, and Carl Hernandez, who received tenure and a promotion to full professor today!
@BYULawSchool
is incredibly lucky to have you all here.
0
2
28
Powerful op-ed by Commissioner
@nuryturkel
in
@USATODAY
describing China's unthinkable treatment of Uyghurs because of their Muslim faith.
4
7
29
My latest paper, Strict Scrutiny, Religious Liberty, and the Common Good, from a recent symposium at
@Harvard_Law
on
@Vermeullarmine
's Common Good Constitutionalism, is now available on
@SSRN
:
Thanks to
@HarvardJLPP
student editors for their great work.
1
8
28
Grateful to present a paper today at the National Conference of Constitutional Law Scholars at
@uarizonalaw
alongside great scholars like
@lukeboso
,
@MarcODeGirolami
,
@shaakirrah
, and my coauthor, Justin Collings
@BYULaw
. Thanks to
@ProfMMurray
and others for fantastic comments!
0
2
28
Always a treat to discuss the religion clauses with my friend,
@mjschwartzman
. Will Haun and Eric Treene were also on our panel, “Originalism and the Religion Clauses,” at
@UVALaw
today, and it was a fun conversation. Thanks to
@FedSocAtUVALaw
for hosting a great event!
0
3
28
Reason no. 948,386 why I love teaching
@BYULaw
students: yesterday my class debated the constitutionality of the first national bank, and an impromptu rap battle may have been involved.
2
2
26
6yo prayer tonight: " . . . and thank you that we got to watch waaay too much TV today . . . "
We're clearly rocking this home school thing.
0
1
26
It was such a treat to have Akhil Amar from
@YaleLawSch
with us yesterday. He inspired both students and faculty at
@BYULawSchool
as he shared his incredible depth of knowledge about the constitution.
0
0
25
White Christmas magic this morning has my little people pretty excited. Merry Christmas, happy Hanukkah, and happy holidays to you and yours!
0
0
25
We need more friendships like this in the world.
Question: "Justice Scalia used to say not such wonderful things about your views and you then still went to the opera with him. Was that a little awkward or hard to do?"
Justice Ruth Bader Ginsburg: "Not at all."
RBG talks about her friendship with Justice Antonin Scalia.
98
345
1K
0
1
22
I’m going to miss my incredible colleagues and students at
@NDLaw
, and our wonderful neighbors and friends in Indiana. I’m especially grateful to my friend, Marcus Cole, who recruited me to come to Notre Dame. The law school is incredibly lucky to have him as a dean.
1
1
25
Congratulations to the BYU Law graduates! It was an honor to be part of your legal education, and I appreciated you making my first year here so wonderful. I have no doubt that you will be a force for good in the world, and I'm excited to see the great things you'll accomplish!
2
1
24
I really enjoyed getting to speak to students at
@Harvard_Law
today about conscience protections under RFRA and the First Amendment. Thanks to the students for asking so many fantastic questions. Next up: guest teaching a religious liberty class with Professors Glendon and Rienzi
1
3
23
Really enjoyed the annual Salmon P. Chase Lecture at the Supreme Court this evening by Sanford Levinson, co-hosted by the Supreme Court Historical Society and the Georgetown Center for the Constitution.
@GeorgetownLaw
0
2
24
Watching
@ldsconf
today, and this conversation just happened:
Doug to 5yo son: Have you done something nice for anyone lately?
5yo: Well, the other day I got some cookies out of the trash that mom had thrown away and I took them to preschool and shared with my friends. 🤢🤦🏼♀️🤷🏼♀️
3
1
22
Looking forward to discussing "COVID-19 and Religious Free Exercise" on an AALS
#HotTopics
panel tomorrow at 11am. Other panelists will include
@JoshMBlackman
,
@CarolineMCorbin
, James Phillips, and
@ProfRobinWilson
. Please feel free to tune in!
@TheAALS
0
4
22
Really enjoying learning from so many incredible women leading in legal academia today, including my awesome colleagues
@ProfChristyHurt
&
@dcarolinanunez
. Thanks to
@lckendrick
,
@RisaGoluboff
, & many others for putting together such a great conference.
@UVALaw
#WLIA2019
0
0
21
Good luck to my
@BYULawSchool
students taking the
#barexam
tomorrow! Best advice I was given was this: if I didn't know a rule, just propose one, apply it, take a deep breath, and move on. Don't let something small rattle you. You've totally got this. 👊 Now go get some sleep!
1
0
21
I don’t find this particularly surprising, given this case was never about denying women coverage---it was about the countless other options the Gov has to provide coverage that don’t conscript unwilling religious objectors into cooperation with that coverage.
1
4
21
Many thanks to
@lsolum
for highly recommending my article, The Historical Origins of Judicial Religious Exemptions, and for encouraging folks to "download it while it's hot!"
@NotreDameLRev
Link to article here & comments welcome:
Barclay on the Historical Origins of Judicial Religious Exemptions
0
2
6
0
3
21
Really looking forward to speaking to students regarding the Establishment Clause at the Originalism Summer Seminar this morning. Grateful to
@RandyEBarnett
and
@lsolum
for putting together such an important program.
@GUConstitution
Applications for the 2021 Originalism Summer Seminar are now open. Please visit our website for more information on how to apply. Applications close February 7, 2021.
4
12
38
2
2
20
Looking forward to presenting a paper at this symposium on the future of history and tradition at
@Harvard_Law
. Thanks to
@kurtlash1
and Jason Mazzone for organizing such a terrific gathering, and to
@HarvardJLPP
for hosting. I'll discuss the interpretation/construction gap.
JLPP’s History & Tradition Symposium starts tomorrow morning in Austin Hall 100 at Harvard Law School. All are welcome!
1
9
42
0
4
20
To my First Amendment students taking the final on Monday, you got this. 👊
I was lucky to teach a group of incredibly bright and thoughtful students my first semester at
@BYULawSchool
. I’ll miss our reenactments of inciting protests & gun turret charades, & I’m proud of you all
1
0
19
New paper on original public meaning definitely worth reading by
@lsolum
!
I just posted "Original Public Meaning" to SSRN. This new paper explicates the concept of original public meaning in a way that I hope adds rigor, precision, and theoretical depth to scholarly discussions.
2
25
97
0
3
20
Great op-ed about the case
#SCOTUS
will hear on Monday regarding the First Amendment "ministerial exception," and why that protection is important to religious minorities like Jews and Muslims via
@asmauddinesq
@HowardSlugh
0
4
18
I’m very proud of the
@NDLawRLI
program that Marcus and I built with the help of other terrific colleagues and team members. I will remain a huge supporter of their work as they go on to do great things, and I look forward to collaborating with Notre Dame in lots of ways.
0
1
19
This is heartbreaking. My home state of Utah has asked the government to send us more refugees, because we can and should do much more to ease this suffering.
More than 200 people the United States has sent back to El Salvador have been killed or seriously abused — including sexually assaulted and tortured — according to a new report by Human Rights Watch
85
1K
1K
0
1
19
I feel very lucky to participate in this conference hosted at
@ChCh_Oxford
, and to get to speak about ways to combat religious persecution.
@AMARLondon
@iclrsorg
On the eve of the 5th anniversary of the genocidal attack on
#Iraq
's
#Yazidi
minority,
@AMARLondon
together with
@iclrsorg
and
@ldscharities
are meeting
@ChCh_Oxford
to discuss ways to end religious persecution by ensuring all other faiths recognise and respect those minorities
3
9
17
1
5
19
My little Neverland adventurers enjoyed sharing candy with social distance by firing it from the "cannons" of their pirate ship (a truck in a former life). Happy Halloween!
1
0
19
Many thanks to
@lsolum
for highly recommending my latest
@YaleLJournal
Forum piece about a historically-grounded doctrine to replace Smith, and for encouraging folks to "download it while it's hot!"
Link to article on SSRN here:
My latest forthcoming in the
@YaleLJournal
Forum. SCOTUS has signaled interest in revisiting Empl. Div. v Smith. I assesses potential free ex. doctrinal replacements and defend strict scrutiny as consistent with history and not requiring judicial balancing
1
13
42
1
7
19
Received a surprise visit from Judge NR Smith today, one of my favorite people (even if he did mock my messy office).
1
0
18
The last few days, husband has been on a homemade bread-making spree, and I think I may have fallen in love all over again.
2
0
19
My favorite thing on the internet today.
Six year old gets welcomed back to school after beating leukemia
2K
43K
468K
0
1
19
Looking forward to discussing some of my scholarship defending strict scrutiny at
@StanfordLaw
tomorrow. I'll discuss ways in which strict scrutiny need not involve balancing & can be consistent with an originalist perspective. Event link w/ details here:
1
0
17
To the larger question, should we deny religious exemptions any time they result in harm to third parties? No, and here’s why. First, ANY time we protect a right, it results in externalities for others, as Professors Holmes and Sunstein discuss in their book, The Cost of Rights.
1
2
17