Supreme Court

Evaluating Clinton's claim to "reasonable regulation" of Constitutional rights

Evaluating Clinton's claim to "reasonable regulation" of Constitutional rights

Constitutional rights, particularly those in the Bill of Rights are guarantees of personal freedoms and are expressed in terms of the government's limited powers.

 
 

Legal Analysis: Zubik petitioners may have pushed argument too far

Legal Analysis: Zubik petitioners may have pushed argument too far

By Jason Hines, PhD, JD – Prior to 1990, the Supreme Court’s standard in determining whether a law violated a citizen’s free exercise of religion was intimately tied to the Seventh-day Adventist Church. An Adventist, Adele Sherbert, sued to receive unemployment benefits after she was fired from her job because she refused to work on the Sabbath. In the case that now bears her name, Sherbert v. Verner, the Court ruled in her favor, establishing the rule that the government could not substantially burden a citizen’s religious freedom unless the government had a compelling interest and had narrowly tailored the measure to minimize infringement.

 
 

Supreme Court hears oral arguments in key contraception mandate case

Supreme Court hears oral arguments in key contraception mandate case

This morning the eight-member United States Supreme Court heard the contraceptive mandate cases that were consolidated under the name Zubik v. Burwell (Docket Number 15-191). (See transcript.) They key issue in all the cases was religious employers who rejected the method of receiving the "religious employer exemption" to the Affordable Care Act (2010) which required group health plans and insurance issues to offer plans that provided "approved contraceptive methods, sterilization procedures, and patient education and counseling for all women with reproductive capacity."

 
 

Why Supreme Court nominee Merrick Garland deserves serious consideration

Why Supreme Court nominee Merrick Garland deserves serious consideration

This morning President Obama threw a straight pitch directly into the strike zone when he nominated Judge Merrick Garland to the United States Supreme Court to fill the vacancy left by Justice Antonin Scalia. Garland, currently the chief judge for the United States Court of Appeals for the District of Columbia, was confirmed to that court in 1997 with bipartisan Congressional support and has been well regarded by both Democrats and Republicans.

 
 

Unaffordable Luxury: A Brief Summary of Justice Scalia's Free Exercise and Establishment Clause Legacy

Unaffordable Luxury: A Brief Summary of Justice Scalia's Free Exercise and Establishment Clause Legacy

In an effort to understand the longest-serving Justice's influence and the importance of his replacement, here is a brief survey of how Scalia decided in several key cases.

 
 

Supreme Court to Decide Whether Taxpayers Must Pay for Church Playground Upgrade

Supreme Court to Decide Whether Taxpayers Must Pay for Church Playground Upgrade

The Supreme Court has agreed to decide whether Missouri taxpayers can be compelled to pay for "non-sectarian" church upgrades. Case: Trinity Lutheran Church v. Pauley

 
 

New Supreme Court Case Could Stretch RFRA to Breaking Point

New Supreme Court Case Could Stretch RFRA to Breaking Point

If Congress, which passed both RFRA and Obamacare, believes RFRA's application goes too far, Congress could decide to repeal all or part of RFRA.

 
 

Supremacy Clause Prevents States from Ignoring Supreme Court Decisions

Supremacy Clause Prevents States from Ignoring Supreme Court Decisions

Why attempts to convince state and local governmental officials that they can ignore Supreme Court decisions are legally incorrect and could lead to a Constitutional crisis.

 
 

Attack on Independent Judiciary Likely to Intensify Following Davis' Release

Attack on Independent Judiciary Likely to Intensify Following Davis' Release

Even though the Court has granted accommodation requested by Rowan County Clerk Kim Davis, eliminating an independent judiciary is the real target.

 
 

Free Exercise After Obergefell: Warnings from the Dissent

Free Exercise After Obergefell:  Warnings from the Dissent

Statements of Justices Roberts, Thomas, and Alito on free exercise of religion in light of the same-sex marriage decision.