Tag Archives: Supreme Court

SCOTUS Gets Religious Liberty Right–For Now

The issue seems paltry at first glance. A preschool/daycare affiliated with a church applies for state funding to help with some playground improvements. The goal of the Missouri program is to put recycled tires to good use. Trinity Lutheran Church Child Learning Center’s application for the funding was judged to be fifth out of forty-four applicants, but was ultimately denied on religious grounds. According to the Missouri Constitution, “…That no money shall ever be taken from the public treasury, directly… Continue Reading ››

The Great Dissenter: Justice Antonin Scalia (1936-2016)

Many will write better and more personal things about Antonin Scalia, the Supreme Court Justice who died today. I did not have him as a professor. I did not clerk for him. I encountered Scalia as a graduate student getting a first taste of constitutional law. Dr. John Maltese, my professor at the University of Georgia, labored over our class on Rights & Liberties. He was conscientious as he approached the Court and its opinions. Never one to show much… Continue Reading ››

Supreme Court Sides With Hobby Lobby

Today, the United States Supreme Court handed down a significant religious liberty decision. In Health and Human Services v. Hobby Lobby, the Court sided with Hobby Lobby, ruling, in essence, that the federal government cannot force closely held corporations to provide health plans that include contraceptives that might induce abortions. These health plans are required, of course, by the Affordable Care Act, which compels companies of a particular size to furnish health care for employees or to pay significant fines.… Continue Reading ››

Is Marriage a “Fundamental” Right?

One of the matters lurking around the Supreme Court’s oral arguments this week is the degree to which marriage is a fundamental right. Gay marriage advocates argue that marriage’s fundamental nature demands that the state has an obligation to extend such a recognition to homosexual couples. Whenever a fundamental right is abridged, a strict scrutiny analysis is conducted and government must provide a compelling interest. If it can do so, it then has to justify that its infringement is both… Continue Reading ››

The Tyranny of Gay Marriage

The Supreme Court’s latest attempt to destroy republican government comes, this week, under the guise of equality. Gay marriage advocates find themselves before the highest Court, seeking to use the bench to achieve what has eluded them politically. To be successful, they will encourage the Court to overturn the past and empower itself at the expense of the people. Prospects for lovers of liberty through self-government appear grim. But first, a bit of background. The actual oral arguments involve Hollingsworth… Continue Reading ››