“A Close Up View of a Puzzle Piece” by Pierre Bamin (Unsplash license). This article is part of our “200 Years of Johnson v. M’Intosh: Law, Religion, and Native American Lands” series.If you’d like to check out other articles in this series, click here. The Jig Saw Puzzle February 28, 2023 marked 200 years since Chief Justice John…
“Wife and Child of Bull Plume” by Kathryn Woodman Leighton (Wikimedia PD-US) This article is part of our “200 Years of Johnson v. M’Intosh: Law, Religion, and Native American Lands” series. If you’d like to check out other articles in this series, click here. In Johnson v. M’Intosh, Chief Justice John Marshall articulated the doctrine of discovery as…
Picture by Adam Kring on Unsplash. “Sovereign is he who decides on the exception.”Carl Schmitt, 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. American Rivers (2022) Hitler’s Lawyer About a decade ago, the name…
Image adapted from Wikicommons by DhLeaks44 / CC BY-SA 4.0 “The Potential Religious Context of The Fourth Amendment” Peter Wosnik James Madison first introduced the Fourth Amendment to the U.S. Constitution to Congress in 1789. Since that time, the Fourth Amendment has become a bedrock in criminal procedure in American constitutional law. Thousands of state and federal cases…
In 1925, on Day 7 of the infamous “Scopes Monkey Trial” (The State of Tennessee v. John Thomas Scopes), defense attorney Clarence Darrow interrogated prosecuting attorney William Jennings Bryan on the witness stand. His purpose was to discredit Bryan’s (and many Protestants’) view that the original author of Genesis understood the six days of creation…
Picture by Ted Eytan (CC BY-SA 2.0) This article is part of our “Kennedy, Carson, and Dobbs: Law and Religion in Pressing Supreme Court Cases” series. If you’d like to check out other articles in this series, click here. Kennedy v. Bremerton was heard by the Supreme Court in 2022. But the case truly began in…
Picture by Claire Anderson on Unsplash. This article is part of our “Kennedy, Carson, and Dobbs: Law and Religion in Pressing Supreme Court Cases” series.If you’d like to check out other articles in this series, click here. I was unhappy, but not surprised, to see Canopy Forum including Dobbs v. Jackson Women’s Health Organization, the case…
Picture by Patrick Fore on Unsplash. This article is part of our “Kennedy, Carson, and Dobbs: Law and Religion in Pressing Supreme Court Cases” series.If you’d like to check out other articles in this series, click here. The Supreme Court’s Term in 1991-1992 promised to be highly consequential. Two hot-button issues were on the Court’s docket…
US Supreme Court by John L. Marino. This article is part of our “Kennedy, Carson, and Dobbs: Law and Religion in Pressing Supreme Court Cases” series.If you’d like to check out other articles in this series, click here. The Supreme Court has long recognized the individual human conscience as sacred territory. One of the most famous…
Picture by Nick Karvounis on Unsplash. This essay is based on the author’s 2021 Minnesota Law 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 2015, American society has been embroiled in a cultural…