Teacher Has Free Exercise Clause Right to Tell Parents About Their Children's "Preferred Names and Pronouns,"
despite a school policy that generally bars teachers from doing so. (For my views on the question, see the end of the post.)
Law & Government
The Supreme Court's Olmstead Power Grab
Olmstead isn't just a wiretapping case; it's where the Court took the power to preselect questions.
This Michigan Town Repealed a Ban on Fortunetellers, but Might Break State Law if It Tries To Regulate Them
Petoskey's draft ordinance would require both "legitimate" fortunetellers and people pretending to tell fortunes to be licensed, calling into question the sense of licensing at all.
Mandatory Employee COVID Tests Don't Violate Religious Freedom Rights or Fourth Amendment
The employee argued that "her faith in God 'will protect her from COVID-19 so there is no reason to take a test.'"
Did Congress Give the Court Power to Preselect Questions?
Congress gave the Court power to pick cases, but it never gave the power to pick questions.
Divorce Agreement Provision Requiring "Great Care Prior to Introducing" Child to Their Lovers
held to be vague and therefore unenforceable.
Josh Hawley Targets Disney With Copyright Legislation
Despite the senator's clear culture war animus, there are things to like about his bill.
A Brief History of Certiorari, Error, and Appeal
No matter how the case got there, the Court had to decide the whole thing.
Netflix Gets Discovery of Grand Jury Materials in Challenge to Prosecution Over Cuties
"Netflix alleges that Tyler County’s District Attorney, Lucas Babin, is 'abusing his office' through a 'singular and bad-faith effort' to maliciously prosecute Netflix in violation of the United States Constitution and in retaliation against Netflix for exercising its First Amendment rights."
Abortion and the Free Exercise Clause
What if a doctor feels a religious obligation to perform abortions, (e.g., because he believes doing so is necessary for him to be the Good Samaritan, by removing a threat to his patient's mental health)?
Marco Rubio Wants To Fight Abortion and Trans Battles in the Tax Code
Tax loopholes for corporations end up making it easier for politicians like Rubio to meddle in private decision making.
What the Leaked Abortion Opinion Gets Wrong About the Founding Era
Understanding state regulatory powers at the time of the founding.
Further Thoughts on the Dobbs Leak
There is much, much less in the leaked draft than meets the eye
Some More on Expert Witnesses in Libel Lawsuits
Former Congressman Alan Grayson, now running for the Senate in Florida, is producing some interesting caselaw.
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
Biden Brags About Falling Deficits, but the Federal Fiscal Situation Is Still 'Unsustainable'
Under current policies, Social Security and Medicare will consume 85 percent of all federal tax revenue by 2050.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
Senate Committee Approves Climate Treaty
The pact will phase down the use of HFC coolants.
New Resolution Would Allow the President To Send U.S. Troops to Ukraine
Like AUMFs before it, Rep. Adam Kinzinger’s proposed authorization would lead to less transparency in conflicts and more unilateral decision making.
Josh Blackman: Sam Alito, Roe v. Wade, and Libertarians
Does returning decisions about abortion to the states increase liberty or shrink it?
J.D. Vance Takes Victory in Ohio GOP Senate Primary
The former venture capitalist will face Rep. Tim Ryan, the Democratic nominee, in November's general election.
What the Leaked Abortion Opinion Gets Wrong About Unenumerated Rights
The Constitution protects many more rights than it mentions.
Trump's Endorsement of 'J.D. Mandel' Sums Up Ohio's GOP Senate Primary
If even Donald Trump can't tell the candidates apart, what hope do Ohioans have?
Boston Can't Exclude Christian Flag from City Hall Flagpole When It Allows Many Other Groups to Fly Flags
So the Supreme Court held this morning, though it made clear that a city could pick and choose which flags it flies, if it makes clear that the flags are its own speech.
Supreme Court Rules Boston Was Wrong To Bar Christian Flag From City Hall
The justices unanimously agree that the city was not endorsing the flags, and that therefore it couldn’t exclude religious organizations.
Originalism, Common Goodism, and Conservative Constitutionalism
Adrian Vermeule responds to Judge Bill Pryor, and others comment on "Common Good Constitutionalism"
AOC Defends Due Process as Colleagues Greenlight Asset Seizure Bill
Plus: Homeland Security's new Disinformation Governance Board, the FDA's menthol ban, and more...
The Jurisdiction Problem in the Church Autonomy Cases
Courts are all over the map about jurisdiction, but the label isn't as important as the substance.
Stop Using Legislation To Virtue Signal
Both Republicans and Democrats are abusing states' police powers to achieve performative political goals. They should stop.
How Worrying Are Pro-Trump Gubernatorial Candidates Running on Rigged Election Claims?
It may not be a successful strategy in general elections, but it's still deeply unnerving.
A Framework for Analyzing a Church Autonomy Defense
Some doctrinal tools to appropriately limit church autonomy.
Church Autonomy and Church Accountability as Complimentary Principles
Church autonomy coexists with state responsibility, as a matter of history and theory.
Anthony Fauci Thinks Scientific Expertise Trumps the Rule of Law
The president’s COVID-19 adviser embodies the arrogance of technocrats who are sure they know what’s best for us.
Biden Begins Using Clemency To Ameliorate the Damage Done by the Draconian Drug Policies He Long Supported
The 75 commutations announced today, while impressive compared to the pitiful records of previous presidents, pale beside a huge backlog of petitions.
Courts Struggle to Articulate the Limits of Church Autonomy
They know there are limits—but what are they?
What Is Church Autonomy?
A primer on a religious liberty issue that went from a backwater to a hot topic in the last decade.
If the CDC's Mask Mandate Is 'Necessary for the Public Health,' Why Didn't the DOJ Seek a Stay To Restore It?
The Biden administration's main priority seems to be leaving the agency's authority vague enough to allow future interventions.
She Says Her Son Died After Smoking Insecticide While He Was Supposed To Be on Suicide Watch. Now She's Suing.
The lawsuit says there have been multiple deaths from neglect and poor suicide prevention policies at the Louisiana prison where Javon Kennerson died.
Fraud Prosecution for Specific False Statements About Meat Claimed to Be Halal Allowed,
though laws generally banning mislabeling food as “halal” (or “kosher”) violate the Establishment Clause.
