When Justice Kennedy reigned supreme, advocates on both sides had to frame arguments to appeal to the swing vote's proclivities. Mix a little federalism, sprinkle some dignity, balance everything out, ...
In September, the Court granted cert in Ramirez v. Collier. This case presents the question whether Texas can prohibit a chaplain from laying his hands on a prisoner during an execution. And the Court ...
It’s often hard to know, at the end of a U.S. Supreme Court term, what was most important about it. On the list for the current term may well be two decisions under the First Amendment’s Free Exercise ...
No longer looking much like a wall. In particular, we have repeatedly held that a State violates the Free Exercise Clause when it excludes religious observers from otherwise available public benefits.
"The Roberts court is populated with judges who are religious and believe that religious principles, precepts and beliefs are paramount. It is altering the balance between the Free Exercise Clause and ...
In Fiddler on the Roof, the main character—Tevye der Milkhiker—begins the play with an ode to “Tradition.” The song recounts how the duties of religion, family, and work ensure continuity amid change.
The Supreme Court’s decision last month to hear arguments in 303 Creative v. Elenis has renewed worry among some conservatives about the fate of religious liberty. Lorie Smith, the woman at the center ...
In the 1990s the U.S. Supreme Court decided a handful of religious liberty cases on the basis of the First Amendment’s free speech clause. The most significant of these was Rosenberger v. University ...