US Supreme Court (SCOTUS) Archives - Page 3 of 6

“Religion and the American Constitutional Experiment” Introduction by John Witte, Jr., Joel A. Nichols, and Richard W. Garnett

Jun 6, 2022Canopy ForumLiterature HighlightsGarnett, Richard W., History, June 2022, Nichols, Joel A., Religious Freedom, US Supreme Court (SCOTUS), Witte Jr., John

Religion and the American Constitutional Experimentby John Witte, Jr., Joel A. Nichols, and Richard W. Garnett Thomas Jefferson once described America’s new religious freedom guarantees as a “fair” and “novel experiment.” These guarantees, set out in the new state and federal constitutions of 1776 to 1791, defied the millennium-old assumptions inherited from Western Europe that…

“Religious Exemption Laws & the Conservative Legal Movement” by Elizabeth Reiner Platt

Apr 22, 2022Canopy ForumEssaysApril 2022, Christianity, Education, Healthcare, Platt, Elizabeth Reiner, Religious Freedom, US Supreme Court (SCOTUS)

Photo by Victor Moussa on adobe.stock.com. The contemporary debate around the right to free exercise of religion — and its limits — focuses overwhelmingly on conservative Christian beliefs about sex, gender, marriage, and reproduction. This is understandable given the vast resources and focus that the Christian right has placed on gaining religious exemptions from laws…

“Judge Ketanji Brown Jackson’s religious liberty opinions won’t bother most American Jews” by Michael Helfand

Apr 1, 2022Canopy ForumEssaysApril 2022, Helfand, Michael A., Judaism, Religious Freedom, US Supreme Court (SCOTUS)

US Supreme Court Building by Mark Thomas on Pixabay. This article first appeared in the Forward, the nation’s leading Jewish news organization. Sign up here to get the Forward’s newsletters in your inbox. President Biden has nominated Judge Ketanji Brown Jackson to fill Justice Breyer’s seat on the Supreme Court. The nomination is no doubt…

“Two Conceptions of Anti-Establishment: When Should Courts Enforce Religious Arbitration Agreements?” by Brian Hutler

Mar 15, 2022Canopy ForumSeriesChristianity, History, Hutler, Brian, March 2022, Religious Freedom, US Supreme Court (SCOTUS)

Photo of Manhattan by wiggijo on Pixabay (CC0) A virtual conference sponsored by Canopy Forum of the Center for the Study of Law and Religion at Emory (CSLR) featuring scholars, experts and practitioners on the topic of religious arbitration. View the full video and browse all essays here. “Two Conceptions of Anti-Establishment: When Should Courts Enforce…

“There is no First Amendment Exemption in Contracts Generally or in the Federal Arbitration Act: It Would Be Poor Policy (and Maybe Unconstitutional) to Have One” by Michael J. Broyde

Mar 15, 2022Canopy ForumSeriesBroyde, Michael J., History, March 2022, Religious Freedom, US Supreme Court (SCOTUS)

Photo of Manhattan by wiggijo on Pixabay (CC0) A virtual conference sponsored by Canopy Forum of the Center for the Study of Law and Religion at Emory (CSLR) featuring scholars, experts and practitioners on the topic of religious arbitration. View the full video and browse all essays here. “There is no First Amendment Exemption in Contracts…

“The Holiday Blues in Prison” by Juan Carlos Riofrío

Jan 27, 2022Canopy ForumEssaysJanuary 2022, Riofrío, Juan Carlos, US Supreme Court (SCOTUS)

Photo by Emiliano Bar on Unsplash. Holidays are not the same for everyone, not even in prison. No matter what the constitutional principle of equality says, holidays are not the same for everyone. For the wealthy, holidays present an opportunity to travel and relax with their loved ones. On the other hand, for those who…

“Why This Supreme Court Should Overrule Employment Division v. Smith” by Raphael A. Friedman

Jan 24, 2022Canopy ForumEssaysFriedman, Raphael A., History, January 2022, Religious Freedom, US Supreme Court (SCOTUS)

Photo of the Village Church of Lincolnshire by Andrew Seaman on Unsplash. For several decades, parties asserting religious liberty claims under the Free Exercise Clause saw little success at the Supreme Court. Over the past few years, however, religious groups have fared better. Recently, they prevailed in cases challenging various restrictions imposed on houses of…

“Ramirez v. Collier: Will the Supreme Court Expand the Right to the Presence of a Spiritual Advisor for Prisoners During Execution?” by Peter Wosnik

Jan 21, 2022Canopy ForumConvictionChristianity, History, January 2022, Religious Freedom, US Supreme Court (SCOTUS), Wosnik, Peter

Image adapted from Wikicommons by DhLeaks44 / CC BY-SA 4.0 “Ramirez v. Collier: Will the Supreme Court Expand the Right to the Presence of a Spiritual Advisor for Prisoners During Execution?” Peter Wosnik In September 2021, the U.S. Supreme Court issued a rare, eleventh-hour stay in an execution case for prisoner John Ramirez. Ramirez was convicted of stabbing…

“Abortion, Dobbs, and Foreign Law at the U.S. Supreme Court” by M. Christian Green

Nov 23, 2021Canopy ForumEssaysGreen, M. Christian, Healthcare, Human Rights / Civil Rights, November 2021, US Supreme Court (SCOTUS)

Photo by Joshua Fuller on Unsplash. On December 1, 2021, the United States Supreme Court will hear the case of Dobbs v. Jackson Women’s Health Organization, a case that threatens to be the death knell for abortion rights, reproductive freedom, and the right of women to bodily autonomy and security in the U.S. In Dobbs,…

“Lemon v. Kurtzman: Reflections on a Constitutional Catastrophe” by William E. Thro and Charles J. Russo

Nov 1, 2021Canopy ForumEssaysConstitutional Law, November 2021, Politics, Religious Freedom, Russo, Charles J., Thro, William E., US Supreme Court (SCOTUS)

Photo by Brad Dodson on Unsplash. One of the most contentious issues in constitutional law is whether governmental action amounts to “an establishment of religion” in violation of the First Amendment. For the past fifty years, the Court has often, but not always, resolved Establishment Clause cases using the three-pronged test established by Lemon v. Kurtzman. Under the…