Is Atheism Religion Under the First Amendment’s Religion Clauses?

It is not uncommon for philosophers and social commentators to refer to any overarching belief system as a religion.  For example, just out from Daniel Mahoney is The Idol of Our Age:  How the Religion of Humanity Subverts Christianity (2018), in which he argues that secular humanism is treated as ultimate truth by many and,

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The People have already spoken on abortion, Part 2

In part 1 of this blog, I suggested that a plain reading of the text of the Fourteenth Amendment included the unborn in the class of “any person” to whom are given the benefits of due process and equal protection from the reaches of the States and (through the Fifth Amendment) the Federal Government before

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The People have already spoken on abortion, Part 1

  Roe v. Wade has frequently been criticized because it has taken out of the democratic process the decision of when life begins and when a fetus should achieve legal rights.  Allowing individual States to make the decisions, those who advance this argument says, will help unify us (at least those of us whose voice can

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Eighth Circuit Opens the Door for a Proper “Undue Burden” Analysis on the Availability of Abortion Services

On September 10, 2018, the Eighth Circuit in Comprehensive Health of Planned Parenthood Great Plains v. Hawley (No. 17-1996) smacked the district court for entering a preliminary injunction against Missouri regulations that are designed to improve the safety of abortion surgery.  The district court had applied like a blunt instrument the Supreme Court’s latest pronouncement

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