Supreme Court

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.

 
 

BREAKING NEWS: U.S. Supreme Court Finds National Right to Same-Sex Marriage

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

How the Supreme Court's decision could affect the religious liberty rights of religious organizations and individuals

 
 

When Legislation Fails, Gov Jindal Orders 'Protection of Conscience'

Gov. Bobby Jindal

hen the Louisiana state legislature failed to pass the "Marriage and Conscience Act" (HB 707)  earlier this year, on May 19, Governor Bobby Jindal issued an executive order  that will accomplish the same goal.  HB 707 provided that the state of Louisiana could take no "adverse action against a person, wholly or partially, on the basis that such person acts […]