Supreme Court

Supreme Court: The 8th Amendment's Excessive Fines Clause is incorporated against the states via the 14th Amendment

Supreme Court: The 8th Amendment's Excessive Fines Clause is incorporated against the states via the 14th Amendment

This morning, the United States Supreme Court issued a ruling that the 14th Amendment applies the "Excessive Fines Clause" of the 8th Amendment to the states.

 
 

Parties objecting to regulatory decision must follow administrative process

Parties objecting to regulatory decision must follow administrative process

This week the Supreme Court denied certiorari in a case where nuns filed their Religious Freedom Restoration Act (RFRA) case opposing a pipeline across their property in the wrong venue and ignored the required dispute resolution process.

 
 

High Court decision on Muslim clergy at execution challenges rule of law

High Court decision on Muslim clergy at execution challenges rule of law

In ruling that an unwritten rule, quite possibly manufactured after the execution was already scheduled, should not be subject to a judicial Establishment Clause and potentially Free Exercise Clause analysis, the Court has created a troubling precedent that targets the principle of the rule of law.

 
 

Justices hint interest in revisiting Title VII religious accommodation while declining to hear football coach prayer case

Justices hint interest in revisiting Title VII religious accommodation while declining to hear football coach prayer case

It is debatable whether a claim by a public school football coach that he is compelled by religious belief to pray at the 50-yard line following each game is a good vehicle for addressing either free exercise or workplace religious accommodation. However, it does appear that the four justices who signed onto Alito's response have concerns about the chilling effect of Hardison and Smith on the ability to even raise Title VII religious accommodation and Free Exercise Clause claims. With Patterson v. Walgreen Co., the Supreme Court has the opportunity to revisit religious accommodation claims under Title VII.

 
 

Supreme Court to decide whether Excessive Fines Clause applies to states

U.S. Supreme Court - DepositPhotos.com / trekandshoot

The Supreme Court is likely to decide that the 14th Amendment applies the Excessive Fines Clause of the 8th Amendment of the Bill of Rights to the states in Indiana civil forfeiture case.

 
 

Founders' First Freedom Files "Friend of the Court" Brief Asking Court to Hear Religious Accommodation Case

Founders' First Freedom Files "Friend of the Court" Brief Asking Court to Hear Religious Accommodation Case

Walgreen v Patterson gives the Supreme Court the opportunity to promote consistency and predictability and resolve disputed interpretation between Circuits, Congress, and the EEOC in a manner that is respectful of both religious beliefs and business needs says amicus Founders' First Freedom.

 
 

Turning Back the Clock: The Plot to Dismantle the Establishment Clause

Turning Back the Clock: The Plot to Dismantle the Establishment Clause

Over the last few decades, a religious movement has gained widespread political power with the stated intent of turning back the clock by dismantling the Establishment Clause, which requires separation of church and state.

 
 

Kavanaugh on the Religion Clauses

Kavanaugh on the Religion Clauses

During Kavanaugh’s 12 years on the U.S. Court of Appeals for the District of Columbia, he wrote decisions addressing the Establishment Clause that provide a hint of how he might decide if he is seated on the United States Supreme Court.

 
 

A quick look at Justice Kennedy's Religion Clause jurisprudence

A quick look at Justice Kennedy's Religion Clause jurisprudence

Within the next week, it is expected that the President will nominate Kennedy's replacement. The following is a brief inventory of Justice Kennedy’s positions on some key religion clause issues from his appointment in 1988 until his retirement in 2018.  

 
 

Who really won the wedding cake case?

Who really won the wedding cake case?

On Monday, the U.S. Supreme Court surprised a lot of us and issued a ruling in the Masterpiece Cakeshop case that not only avoided making a real decision, but avoided it with great style.