…on gaining religious exemptions from laws that advance LGBTQ nondiscrimination and reproductive health. The most well-known Supreme Court religious exemption cases of the past decade — including Burwell v. Hobby…
“Ministerial Exceptions, Religious Exemptions, and Anti-Discrimination Legislation: Reciprocal Lessons from America and Australia” by P. T. Babie
Ministerial Exceptions, Religious Exemptions, and Anti-Discrimination Legislation: Reciprocal Lessons from America and Australia P. T. Babie Image by Tom from Pixabay The recent Supreme Court decision in Our Lady of…
“Lobbyists United in Corporate America” by Matteo Corsalini
…this sense, although the Supreme Court did not explicitly use this phrase, this analysis suggests that the Court resolved the Hobby Lobby case under the classic “business judgment rule” —…
“The Dangerous 303 Creative Case” by Andrew Koppelman
…New Mexico Supreme Court declared: “We decline to draw the line between ‘creative’ or ‘expressive’ professions and all others. . . . Courts cannot be in the business of deciding…
“Sovereigns, Exceptions, and ‘Shadow Dockets’: Law, Religion, and States of Emergency” by M. Christian Green
…Political Theology (1921) “By nonetheless granting relief, the Court goes astray. . . . That renders the Court’s emergency docket not for emergencies at all.” Justice Elena Kagan, Louisiana v….
“Prohibitions on In-Person Religious Services: Valid Under the Smith Test, No Matter Their Free Exercise Burden” by Connor Hees
…bans should follow the trend of the Supreme Court’s Free Exercise cases in the last three decades and apply the Smith test. This would almost certainly necessitate the court decline…
“The European Margin of Dis-Appreciation and the Big No to Ritual Slaughter” by Sohail Wahedi
…of the Court enthusiastically boasted of the Court’s ability to read the European Convention on Human Rights as a “living instrument.” If this claim were true, then the Court would…
“Fixed Terms for Justices Will Not Fix the Confirmation Controversies” by Michael J. Broyde
…laws that overturn Supreme Court decisions even on Constitutional matters (common in many democracies). The second is to make Supreme Court appointments much less political by moving to a civil…
“How Sex Discrimination Law Helps Us Resolve LGBTQ Religious Exemption Claims” by Kyle C. Velte
…Review article “The Nineteenth Amendment as a Generative Tool for Defeating LGBT Religious Exemptions.” Since the U.S. Supreme Court held that marriage equality is the law of the land in…
“General Applicability: An Ambiguous Concept after Fulton” by Patrick Hornbeck
…of a confluence between the U.S. Supreme Court’s decision this summer in Fulton v. City of Philadelphia and ongoing litigation over COVID-19 prevention measures, especially vaccination mandates. In Fulton, the…