“A ‘Revolutionized’ Supreme Court Term” by Steven K. Green

The Supreme Court’s Term in 1991-1992 promised to be highly consequential. Two hot-button issues were on the Court’s docket — abortion and school prayer — and in both cases litigants and amici asked the justices to overturn established precedent. In Planned Parenthood v. Casey, that precedent was, of course, Roe v. Wade with its famous

“The Supreme Court Says Conscience is Everything. Or Nothing. It Depends.” by Len Niehoff

The Supreme Court has long recognized the individual human conscience as sacred territory. One of the most famous expressions of this principle comes from Justice Robert Jackson in the 1943 case of West Virginia State Board of Education v. Barnette. He wrote: “If there is any fixed star in our constitutional constellation, it is that

“Tax Policy: A Sieve Separating the Genuine Pro-lifers from the Fakes” by Susan Pace Hamill

Labeling themselves “pro-life,” white conservative evangelical Christians waged war against abortion for decades. On June 24, 2022, the Supreme Court — recently configured in their image — handed them what will ultimately prove to be a Pyrrhic victory.  Dobbs v. Jackson Women’s Health Organization obliterated a woman’s constitutional right to choose to have an abortion,

“The Post-Pandemic Western Populist Right: A Purported Clash Between the Public Good and Individual Rights” by Chiara Migliori

Vice President Mike Pence meets with Deputy Prime Minister Matteo Salvini of Italy in the Roosevelt Room of the White House Monday June 17, 2019 (Official White House Photo by D. Myles Cullen) As the Covid-19 pandemic seems to be loosening its grip on most regions of the world, at least in its deadliest form,

“The Supreme Court Expands the Rights of Prisoners Facing Execution” by Peter Wosnik

“The Supreme Court Expands the Rights of Prisoners Facing Execution” Peter Wosnik Religious liberty claims in death penalty cases have been an active area of litigation in the Supreme Court over the last several years. In a recent line of cases, the Supreme Court has clarified both a prisoner’s right to the presence of a

“The Creative Peace of ‘Spiritualizing Humanity,’ by Rafael Domingo Oslé & Gonzalo Rodríguez-Fraile Díaz” by Mónica García-Salmones

Spiritualizing Humanityby Rafael Domingo Oslé & Gonzalo Rodríguez-Fraile Díaz Review by Mónica García-Salmones After the spiritualism of the Middle Ages and the humanism of the Renaissance, rationalism conquered a large number of Europe’s intellectuals. For rationalists, the separation of God and reason was the only guarantee that would enable humans to occupy the place they

“Purity Culture and the Overturn of Roe: Understanding Christian Nationalistic Ideology and its Impact” by Jenny McGrath

On June 24th, the Supreme Court reversed the nearly 50-year-old legal precedent protecting the right to safe abortions in overturning Roe v. Wade. While the outrage and fear this decision caused was widespread, taking many forms, my own mind returned to my 13th birthday. It was the day I received my purity ring. As a young

“What is an Establishment of Religion?” by Vincent Phillip Muñoz

This essay was originally published in First Things before the Supreme Court decided Kennedy v. Bremerton. Though all eyes are understandably focused on whether the Supreme Court will overturn Roe and Casey, the justices will also soon decide a significant establishment clause case. In April, the Court heard oral arguments in Kennedy v. Bremerton School

“How Sex Discrimination Law Helps Us Resolve LGBTQ Religious Exemption Claims” by Kyle C. Velte

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 and legal conflict over the appropriate