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.
Archive
Category: Supreme Court
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…
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).…
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…
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…
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
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
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…
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
Statements of Justices Roberts, Thomas, and Alito on free exercise of religion in light of the same-sex marriage decision.