“Religious Tests, Religious Freedom, and ‘Animus’ and ‘Bigotry’ at the Supreme Court” by M. Christian Green

The No Religious Test Clause within Article VI, Clause 3 of the United States Constitution is a special text in the field of law and religion, and especially American constitutional law of religion and state. The No Religious Test Clause comes immediately after the Oath or Affirmation Clause requiring that Members of Congress and the

“Fixed Terms for Justices Will Not Fix the Confirmation Controversies” by Michael J. Broyde

At every confirmation of a Supreme Court Justice, inevitably, commentators appear advocating 18-year term limits for Supreme Court Justices, under the assumption that regular and scheduled appointments will solve the confirmation battles. This approach is mistaken: while there may be advantages (and disadvantages) to Supreme Court term limits, even if term limits were imposed, we

“Religious Freedom, Public Health, and the Limits of Law” by Elizabeth Shakman Hurd

Cathedral Basilica of St. James in Brooklyn, NY. Source: Jim Henderson / Wikimedia CC0-1.0 The U.S. government designates certain entities as “religious” and enforces different rules on them than on “secular” entities. The two categories find differential treatment in taxes, employment law, and other domains. Americans call this religious freedom. Certain religious organizations have used

“QAnon as a Religion” by Annabelle Bichler

On October 28, 2017, a post appeared on 4chan, an anonymous online message board, alleging Hillary Clinton’s imminent arrest and a subsequent violent national uprising. The poster, whose username was simply the letter “Q,” claimed to be a high-ranking government intelligence officer with access to classified information. Hillary Clinton was not arrested and no subsequent

“Tax Changes for Religious Organizations and Clergy in a Biden Presidency?” by Allen Calhoun

Tax Changes for Religious Organizations and Clergy in a Biden Presidency? Time will tell how much of President-elect Joe Biden’s tax proposal will become law in the next four years. The ease with which the Biden White House can implement its plans depends in part on which political party ends up in control of the

“Seeking Common Ground And Why Assertions about ‘Most Homeschoolers’ Distract from Reasonable Oversight” by Robert Kunzman

Even before the COVID-19 pandemic forced remote instruction, homeschooling was the fastest-growing educational choice in the United States over the past two decades. While many parents have kept their children enrolled in schools for online instruction, it appears that thousands of other families have chosen independent homeschooling this fall instead. These numbers will almost certainly

“From Common Schools to Greenhouses: School Battles, Homeschooling, and Children’s Rights” by Rachel Coleman

Earlier this year, Harvard Magazine, the university’s alumni publication, interviewed Elizabeth Bartholet, professor at Harvard Law School and faculty director of its Child Advocacy Program, for an article titled “The Risks of Homeschooling.” In the article, Bartholet argued that unregulated homeschooling poses a danger to children, exposing them to risk of educational deprivation and even