…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…
“Lemon v. Kurtzman: Reflections on a Constitutional Catastrophe” by William E. Thro and Charles J. Russo
…easily reconciled with Lemon.” Fourth, “the Court has proscribed government-sponsored prayer in public schools. The Court has done so not because of Lemon, but because the Court concluded that government-sponsored prayer…
“Promoting Diversity Through Court-Mandated Mediation” by Jo Chitlik
Promoting Diversity Through Court-Mandated Mediation Jo Chitlik Photo of Supreme Court of Pakistan from Wikimedia (CC BY-SA 4.0). Pakistan’s Alternative Dispute Resolution (ADR) Act (XX of 2017) represents a significant…
“SCOTUS Religion Cases: A New Online Database for Scholars of Law and Religion” by Justin Latterell and Rachel Kennedy
…Supreme Court rulings from 1815 through the present day. Researchers and students can now use this tool to easily search, sort, download, read, and otherwise study the Supreme Court’s religion…