supreme court

July 31, 2024

Is It Now Illegal to Be Homeless?

According to several headlines, the Supreme Court has “criminalized homelessness” in a decision handed down in the last days of the Spring 2024 term. Others go even further. Not only has homelessness been criminalized, but poverty, too, apparently. Continue Reading...

July 10, 2024

Why Overturning Chevron Didn’t Fix the Problem…Entirely

Every year, millions of American families with college students complete a government form known as the Free Application for Federal Student Aid, or FAFSA. The application is administered by the U.S. Continue Reading...

January 31, 2024

Fear and Suspicion in an Age of Polarization

First Amendment scholar Michael McConnell may have understated the case when he wrote that “the free exercise clause may well be the most philosophically interesting and distinctive feature of the American Constitution.” Continue Reading...

October 25, 2023

How States Strike Back at Federal Religious-Freedom Protections

In the wake of the Supreme Court’s decision in Obergefell v. Hodges (2015), in which the majority of the court ruled that the Constitution supports a right to marry for same-sex couples, many Americans in the “wedding business” faced a dilemma. Continue Reading...

July 11, 2023

A Win for Religious Employees

As it turns out, the Supreme Court last week opted against transforming the United States into a totalitarian, theocratic hellscape like the New York Times’ Linda Greenhouse had prophesied in January. Continue Reading...

March 28, 2023

Antonin Scalia’s Rise to Greatness

When Judge Antonin Scalia was confirmed to a seat on the Supreme Court of the United States on September 16, 1986, no senator voted in opposition. He was confirmed by a vote of 98-to-0, a margin completely unthinkable 30 years later. Continue Reading...

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...

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