Suppose that you owned a manufacturing business for which the government prescribed certain production regulations, and suppose, further, that the government demanded that you provide office space for a federal observer to monitor your operation. Finally, suppose that the government … Continue reading
The Law
The MLK They Ignore
Editor’s note: A version of this article first appeared at The American Spectator. The date was September 1, 2015, a Tuesday. It was an unusual day at the Rowan County courthouse in Kentucky. County Clerk Kim Davis arrived shortly before 7:00 a.m. … Continue reading
The Supreme Court’s Principled Position on Carbon Dioxide Policy
Decisions rendered by the U.S. Supreme Court reverberate throughout our society and political system. In addition to actual decisions and the written opinions that accompany them, the Court sometimes has a major impact on public policy by choosing not to … Continue reading
The Court Bolsters Property Rights: Sackett and Tyler
Editor’s note: This article first appeared at The American Spectator. In its last three terms, the Supreme Court has received a great deal of public attention — both positive and negative — due to its decisions on human sexuality (Bostock, Zarda) and … Continue reading
A Postman “Carries the Mail” for Religious Liberty: Groff v. LeJoy
In January 2019, Gerald Groff left the Holtwood Post Office in the small rural community of Holtwood, Pennsylvania, located in Lancaster County. When he left, he figured it was likely for good. He resigned his mail carrier position there because … Continue reading
The 10-Year Fight of a Courageous Baker: Jack Phillips and Masterpiece Cakeshop
In 1950, Eileen Barton’s rendition of “If I knew you were coming I’d have baked a cake” became #1 on the Billboard charts. Until 2012, that song might well have been Colorado baker Jack Phillips’ favorite. But in that year, … Continue reading
Racial Admissions Preferences: Constitutional or Not?
Should the race of a minority student who is applying to a college or university give him or her a decided preference over other applicants? This is the question that a group of college-bound students and their parents are asking … Continue reading
Colorado Wedding Artists Muzzled: 303 Creative v. Elenis
The October term of the U.S. Supreme Court has begun. The previous term yielded some “blockbuster” decisions, and the new term seems likely to produce more of the same. One of these is the case 303 Creative v. Elenis. Lorie … Continue reading
The Supreme Court’s Principled Decision in West Virginia v. EPA
In West Virginia v. EPA, the Supreme Court of the United States ruled by a 6-3 majority that the Environmental Protection Agency (EPA) had exceeded its statutory authority by issuing regulations that would essentially dictate to power-generating utilities what fuel … Continue reading
The Dobbs Case: Justice Alito Leads the Court Back to the Constitution
Justice Samuel Alito’s majority opinion in Dobbs v. Jackson Women’s Health Organization holds that both Roe v. Wade and Planned Parenthood v. Casey must be overturned. The predicted impact on elective abortions has been well-rehearsed in the print and electronic … Continue reading
Carson v. Makin: A Trilogy of Cases Protecting Religious Liberty, Completed
In 2017, the Supreme Court decided a case that involved a school playground resurfacing program provided by the state of Missouri. Trinity Lutheran School sought a state grant, which was generally offered to other schools, but Trinity was denied funding … Continue reading
The Abortion States of America
Editor’s note: An early version of this article first appeared in Crisis Magazine last October. Roe v. Wade and so-called “abortion rights” are facing challenges unlike any time before. The chances of abortion being sent back to the states are … Continue reading
Griswold v. Connecticut: How We Got to Roe v. Wade
The Supreme Court will soon issue its opinion on Dobbs v. Jackson Women’s Health Organization, which concerns a Mississippi law preventing elective abortions beyond 15 weeks gestation. I am not here commenting about the leaked draft opinion. That action was … Continue reading
The Supreme Court Renders Mixed Decisions on the Vaccine Mandates
The U. S. Supreme Court has rejected President Joe Biden’s OSHA vaccination overreach for private sector employees, but has upheld the Center for Medicare/Medicaid Services (CMS) mandate for healthcare workers. The decisions are important for their immediate effects. The OSHA-related … Continue reading
COVID and Conscientious Objection
The U.S. Supreme Court last week declined to stop a state vax mandate for healthcare workers invoking religious objections. It declined to halt New York Governor Kathy Hochul’s denial of the First Amendment religious rights of healthcare workers. Only three justices … Continue reading
A Primer on the Vaccine Mandate: A Case of Federal Overreach
Whether you have strong convictions against vaccines, or just about the Covid vaccine, or you have no particular aversion to vaccines, understanding what is going on with President Joe Biden’s OSHA-enforced vaccine mandate is important. The OSHA (Occupational Safety and … Continue reading
The cracks are showing in Roe v. Wade
Editor’s note: This article first appeared at The Spectator World. Crowds gathered outside of the Supreme Court on Wednesday as the Supreme Court prepared to hear arguments in Dobbs v. Jackson Women’s Health Organization, the most consequential abortion case in a generation. Pro-life groups … Continue reading
Parental educational rights and religious liberty: the Yoder case revisited
Throughout the country, parents are concerned that some public schoolboards, administrators, and associations hold them in disdain and fear their input when they raise legitimate questions about the direction of their local schools. Just short of 50 years ago (1972), … Continue reading
Religious Liberty After Fulton: Protected or Precarious?
Sharonell Fulton had fostered 40 children over a 25-year period through Catholic Social Services (CSS), a private agency which conducted “home study” reviews of prospective foster parents. CSS operated under the Catholic Archdiocese of Philadelphia. In March 2018, the city … Continue reading
Court Packing 2.0: Why the Supreme Court should not be changed
Six months ago, the idea of expanding the size of the U.S. Supreme Court was side-stepped by presidential candidate Joe Biden, and the issue seemed to wane. But now, “court packing” has surfaced once again—and in two forms. The first … Continue reading