supreme court

February 09, 2023

A NY Times Journalist vs. Freedom of Religious Conscience

Earlier this week, Pulitzer Prize–winning New York Times journalist Linda Greenhouse came out of retirement on the opinion page of her former paper to warn Americans that their nation is now on the cusp of seeing religion “elevate[d] … over all other elements of civil society.” Continue Reading...

May 17, 2022

A federal case has been made of a brief post-game prayer

To my great embarrassment, I must admit that prior to going to law school I enjoyed the quasi-scripted drama of Judge Judy. The litigants’ outrageous circumstances and colorful personalities distract viewers into believing that the legal issues are complex. Continue Reading...

May 10, 2022

The Founders’ Constitution and its discontents

The term “constitutional law” is in large part a misnomer. This is rarely discussed within the guild of the legal profession and heretical in the increasingly woke precincts of the legal academy, where the field of “constitutional theory” is a cottage industry. Continue Reading...

March 16, 2022

What can we expect from Judge Ketanji Brown Jackson?

There is almost no institution in the past 100 years that has more profoundly shaped American public life than the Supreme Court. As a result, the composition of the Supreme Court has become one of the most prominent issues in every campaign season—whether it is the presidential election cycle or the midterm congressional elections. Continue Reading...

February 09, 2022

Ilya Shapiro’s ill-worded tweet and the crying game

Ilya Shapiro, a Russian émigré, a serious scholar of the American Constitution, and formerly of the libertarian Cato Institute until he was scheduled on February 1 to begin running Georgetown’s Center for the Constitution, has found himself in a thicket of racial controversy. Continue Reading...

November 17, 2021

Lutherans are on the front lines of the battle for religious liberty

If there’s something Lutherans are known for other than great hymnody and potluck dinners, it’s keeping their heads down. Lutherans typically are a staid bunch, not big on “revivals” or drum kits in the sanctuary. Continue Reading...

October 12, 2021

School choice is in jeopardy in a case before the Supreme Court

The difference between a “Christian organization” and an “organization that does Christian things” might seem like a distinction without a difference. But it is precisely this difference that is at the heart of the question presented to the U.S. Continue Reading...

November 30, 2020

SCOTUS protects churches from COVID-19 overreach

To paraphrase an overrated writer, a spectre is haunting the United States – the spectre of religious repression in the name of stanching the coronavirus. The Supreme Court took a step toward exorcising that threat just before Thanksgiving. Continue Reading...

September 30, 2020

Amy Coney Barrett: handmaid of the Lord, not the state

In their attempt to forestall the nomination of Amy Coney Barrett to the Supreme Court, a growing number of commentators point to her membership in a Christian group that once used the term “handmaid.” Continue Reading...

September 30, 2020

The worst moment of the first presidential debate in 2020

The first presidential debate of 2020 reached an historic low in its the very first segment – not from Joe Biden calling the president a “clown” or telling him to “shut up,” nor from Donald Trump choosing to imitate Biden’s interruption-laden 2012 vice presidential debate performance on steroids. Continue Reading...

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