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Supreme Court, with Barrett on Board, Clamps Down on Discriminatory Treatment of Religious Organizations in the Ongoing Emergency

Justice Barrett hasn’t published an opinion yet, but she’s just made her presence known.  When Justice Ginsburg was on the Court earlier this year, she joined a 5-4 majority that included Chief Justice Roberts and that refused the pleas of churches to stop, on an “emergency” basis, jurisdictions that were clamping down harder on in-person

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November 29, 2020 No Comments

Supreme Court 2020-21 Preview with Judge Barrett (Likely) Enrobed

The Supreme Court term begins this month, and, as of now, it does not appear to be as action-packed for religious liberty as this past term.  However, at least one important case is in the hopper, and several are in the pipeline.  And, of course, all is overshadowed by the presumed replacement of Justice Ginsburg

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October 2, 2020 No Comments

If Transsexual, Why Not Transracial?

Outrageous!  A professor at a major university “came clean” and admitted that she has been falsely claiming for years that she has “Black” blood.  The brickbats came out, although it wasn’t entirely clear why.  Because she had taken an affirmative action slot from someone who otherwise would have had it?  Because she wasn’t one of

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September 8, 2020 No Comments

First Bostock, Then Alice’s Wonderland

The majority opinion in Bostock was surreal.  How could six very intelligent people say that discrimination on account of sex includes discrimination on the basis of sexual orientation and gender identity?  Justice Gorsuch reached that conclusion [delete] because, if an employer wouldn’t fire a man for sleeping with a woman but would fire a woman

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September 3, 2020 No Comments

So What Is Roberts Doing?

Chief Justice Roberts has been the center of attention recently, whipsawing both liberals and conservatives with his various opinions.  He sided with Justice Gorsuch and the four “liberals” on the bench in ruling that “sex” in Title VII of the Civil Rights Act includes “sexual orientation” and “gender identity,” and he wrote a somewhat baffling

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July 21, 2020 No Comments

Say What? If “Sex” = “LGBT,” What Follows?

The Supreme Court in Bostock v. Comstock County and two linked cases decided that, when the Civil Rights Act of 1964 outlawed employment discrimination on the basis of “sex,” it included discrimination based on sexual orientation and gender identity.  Now, Justice Gorsuch, writing for the majority, freely admitted that the legislators in 1964 didn’t have

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June 19, 2020 No Comments

If Smith Is on the Way Out, What’s on the Way in?

The Supreme Court has accepted a case, Fulton v. Philadelphia, that presents the question, among others, of whether the Supreme Court’s decision in Employment Division v. Smith, issued in 1990, should be overruled.  Smith held that, when a person challenges application of a law of general applicability on the ground that it restricts the person’s

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April 11, 2020 No Comments

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