Supreme Court

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.

 
 

Florist asks Supreme Court for remand in wake of cake decision

Florist asks Supreme Court for remand in wake of cake decision

Attorneys for a Washington florist who refused to make a flower arrangement a same-sex wedding filed a supplemental brief in the wake of Monday's Masterpiece Cakeshop decision which left the question of balance between free exercise of religion and non-discrimination statutes unanswered. 

 
 

Breaking: Court issues 7-2 decision in cake case finding bias in tribunal decision

Breaking: Court issues 7-2 decision in cake case finding bias in tribunal decision

The Supreme Court issued a 7-2 ruling this morning in favor of the baker in tbe same-sex wedding cake case. The Court's ruling is narrow but essentially says that the arguments of both sides needed to be treated with respect and neutrality and that the Colorado commission had failed treat Phillips' beliefs with respect. This decision affirms Obergefell but sends […]

 
 

Supreme Court hears public sector union compulsory speech case

Supreme Court hears public sector union compulsory speech case

Today the United States Supreme Court heard oral arguments in a case involving whether it constitutional to require government employees who do not join their respective unions to still pay fees to the unions for the cost of negotiating and administering their employment contracts.

 
 

Dangerous Money: Gov't money to churches has strings attached

Dangerous Money: Gov't money to churches has strings attached

Would you choose to mount a sixteen-foot maraschino cherry on the roof of your church?  You probably wouldn’t, but would you consider doing so if it were part of a deal where your church would receive a large donation?  This situation may seem ridiculous, but many times government money offered to religious institutions has very troubling “strings” attached. 

 
 

Court orders parties to brief Establishment Clause issue in travel ban case

Court orders parties to brief Establishment Clause issue in travel ban case

On Friday, the U.S. Supreme Court agreed to hear Trump v. Hawaii (Docket No. 17-965) and directed the parties to prepare briefs and arguments on the issue of whether President Donald Trump's travel ban, Proclamation No. 9645, also known as Executive Order 3 (EO-3), violates the Establishment Clause. 

 
 

Supreme Court may hear California pregnancy center free speech cases

Supreme Court may hear California pregnancy center free speech cases

The U.S. Supreme Court is currently considering whether to hear a cases brought by three California faith-based pregnancy counseling organizations that are challenging a California law that require every licensed pregnancy center in the state to inform its clients of publicly funded abortion and contraception services. The organizations claim that the law violates their freedom of speech by requiring them […]