The Court took an ax to the trunk of the Lemon tree and replaced it with a vague “history and tradition” rule.
Category: Supreme Court
Prayer as Political Football – Post-Game Analysis of Kennedy v. Bremerton
The coach’s final “alone” prayer sessions were not truly alone – they had become a political cause célèbre.
Supreme Court Jeopardizes Unenumerated Rights to Block Abortion
Regardless of what you think about abortion, the Supreme Court’s rationale in Dobbs severely limits the scope of the Bill of Rights. What the Court could have done differently.
Why Maine’s religious schools are likely to decline state funding
Why two Maine schools slated to receive public funds in the wake of the Supreme Court decision in Carson v. Makin will probably refuse to take the money. Last week we reported that the U.S. Supreme Court struck down a Maine law that blocked private religious schools from receiving taxpayer-funded aid. Carson v. Makin says…
Count the Cost: The Hidden Dangers of Government Funding of Religious Education
The integrity of the private parochial school system is at stake. Religious schools would, through their agreement to accept requirements for scholarships, make themselves vulnerable for regulation to the point that they have nothing unique to offer the world.
Court says Maine Must Pay for Religious Schools: A Trojan Horse for the Culture Wars?
This morning the Supreme Court ruled 6-3 that a Maine program that provides tuition assistance for parents to send their children to private schools cannot exclude religious schools. Carson v. Makin, 6/21/2022 https://www.supremecourt.gov/opinions/21pdf/20-1088_dbfi.pdf The Court said the current program’s religious exclusion violated the Free Exercise Clause and that neutral public funding would not violate the…
Statement on the Leak in Dobbs
The leak was intended to disrupt the processing of the decision and we are not going to dignify the leak or the unidentified leaker by analyzing it prematurely. As a constitutional republic we cannot go down that road without doing severe damage to the institution of the Supreme Court where there must be professional courtesy between the justices and their staffs.
Supreme Court rules 9-0 that Boston violated 1st Amendment in refusing Christian flag at City Hall
This morning the Supreme Court unanimously ruled in Shurtleff v. Boston (Dec’d 5/2/2022) that the city of Boston violated the free speech rights of a Christian group when it refused to allow them to participate in a city flag raising program.
Active Liberty: A Survey of Justice Stephen Breyer’s Religion Clause Decisions
A comprehensive review of retiring Supreme Court Justice Stephen Breyer’s decisions in Free Exercise and Establishment Clause cases.
Supreme Court hears argument in football coach post-game prayer case
The Supreme Court will likely find that the coach’s interest in free speech and free exercise of religion is more compelling than a potential Establishment Clause violation.