The idea of expanding the size of the U.S. Supreme Court, also known as “court packing,” has surfaced once again, as it did after the Brett Kavanaugh appointment. Often mentioned is a proposal by Erwin Chemerinsky, dean of University of … Continue reading
John A. Sparks
Judge Amy Coney Barrett and the Purdue Sexual Assault Case
Will some senators on the Senate Judiciary Committee vilify Judge Amy Coney Barrett, President Trump’s Supreme Court nominee? Attacks on her religion, her large family, or claims that she will block the advance of women may make good fodder for … Continue reading
J. I. Packer, A Tribute
The Institute for Faith & Freedom pays tribute to one of the major Christian spiritual leaders and writers of the last 75 years—J. I. Packer, who died July 17. Like many of us who are Christians, I first came in … Continue reading
Finally! The Little Sisters of the Poor Score a Win
The 181-year-old religious order, the Little Sisters of the Poor—unlikely litigants before the high court—finally got a victory. For over six years this charitable order has had to defend itself against the federal government under the Obama administration and, more … Continue reading
An Important Win for Religious Liberty: Espinoza v. Montana
Sometimes, the facts of a case have an emotional appeal in addition to a strong constitutional basis. Espinoza v. Montana certainly qualifies. Kendra Espinoza, a hard working (three jobs) and determined single mom, decided to take her two daughters out … Continue reading
The Supreme Court Becomes a Super-Legislature: The Bostock, Altitude, and Harris cases
The Supreme Court has just rendered historic decisions in three cases concerning Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin. Justice Neil Gorsuch and Chief Justice … Continue reading
Heroines of Moral Courage: The Little Sisters of the Poor Against Pennsylvania
This is the third time that the Institute for Faith and Freedom has carried an opinion piece on the Little Sisters of the Poor (LSP) and their Supreme Court fight. This 181-year-old religious order is renowned for its generosity and … Continue reading
The Bladensburg Cross: The Court Moves in the Right Direction
A large cross erected in 1925 by Gold Star mothers in honor of their 49 fallen sons who gave their lives in World War I will be allowed to stand. That is the U.S. Supreme Court’s decision in American Legion … Continue reading
Klein v. Oregon: Religious Liberty & Freedom of Speech vs. Gay Rights
Among recent actions by the U.S. Supreme Court, a four-sentence order may set the stage for the court to eventually address the collision between free speech and religious freedom on one hand and gay rights on the other. The order … Continue reading
Remaking the Senate: Hyper-Democracy Rears Its Head
Periodically, those who do not think that the U.S. Constitution is “democratic” enough set out to repudiate the document’s genius. The Electoral College is often the recipient of such attacks, particularly before and after national elections, and those attacks are … Continue reading
Forced Public Sector Union Fees Dismantled: Janus v. AFSCME
Public sector unions, the real strength of American unionism today, have been dealt a serious blow by the U.S. Supreme Court. In a strongly worded 5-4 decision written by Justice Samuel Alito, the court ruled in favor of Mark Janus, … Continue reading
Colorado’s “Half-Baked” Decision Nixed by the Supreme Court
At the U.S. Supreme Court on Monday, Justice Anthony Kennedy delivered a long-awaited opinion concerning Jack Phillips, the Christian baker who owns Masterpiece Cakeshop located in Lakewood, Colorado, west of Denver. Kennedy and the court ruled in favor of Phillips, … Continue reading
The Grove City Bill: A President vs. Congress
We wrote earlier about the Grove City College Supreme Court case (Grove City College v. Bell) in which the high court ruled that any “financial assistance” used by students and their families to pay for their education at Grove City College made the college a … Continue reading
The Grove City College Case: One Small but Mighty College vs. Federal Domination
In 1976, Grove City College, a Christian college of arts, letters, and sciences situated in the rolling hills of Western Pennsylvania, received what seemed to be a misdirected notification. The document came from the federal government’s Department of Health, Education, … Continue reading
Freedom of Speech and Forced Union Payments: Janus v. AFSCME
Unions have been on the decline since 1954—which was their high point in membership as a percentage of the workforce. Today, unions represent a paltry 6.4 % of private sector employees. Their real strength in membership and funding is the … Continue reading
Colorado’s “Half-baked” Decision: The Masterpiece Cakeshop Case
Who would have guessed that the religious liberty and free-speech rights of Americans would be tested in a dispute over the baking of a wedding cake? A case will be argued before the U.S. Supreme Court this term involving whether … Continue reading
The Playground Fight Over Religious Liberty: Trinity Lutheran Church v. Comer
Trinity Lutheran Church is a church in Columbia, Missouri that operates a Christian preschool and daycare center offering students a playground for recess and exercise during the school day. It recently found itself in a major case before the U.S. … Continue reading
The New Conservative Legal Mainstream—and Why the Left is Worried
Senators Chuck Schumer and Patrick Leahy claimed that newly confirmed Supreme Court Justice Neil Gorsuch was not in the “legal mainstream.” They were referring to the “living Constitution” approach to constitutional interpretation. That interpretative approach, still thriving today and embraced by the … Continue reading
Judge Neil Gorsuch: A Worthy Scalia Successor
President Donald Trump has nominated Appeals Court Judge Neil Gorsuch to fill the seat of the late Justice Antonin Scalia. Put simply, Gorsuch’s judicial philosophy is to respect the text (textualism) of the Constitution and the intent of its original writers … Continue reading
The Cruel Irony of Hillary Clinton’s “Pro-Women” Stance
Hillary Clinton is campaigning that she, of all the candidates, is the one who is a “champion for women and girls” specifically because, among other things, she protects “women’s reproductive health” and “confronts violence against women.” Her primary talking point … Continue reading