The Establishment Clause, unlike the other First Amendment provisions, is not based on freestanding personal freedoms. THE SUPREME COURT OVER THE LAST TWO DECADES HAS repeatedly strengthened the expanded reach of the Free Exercise and Free Speech Clauses to protect the religious. At the same time, the Court has moved to reduce the weight of […]
The Path to Disincorporation Read More
The views and opinions expressed in this article are those of Mr. Claybrook and do not necessarily reflect the official policy or position of the National Legal Foundation. The recent defeats of pro-life referendums in Kansas, Michigan, and Ohio should have pro-life advocates more than concerned. After struggling for 50 years to get Roe and
Pro-Life Forces Need A Better Sound Bite Read More
Despite the early euphoria, the Supreme Court’s decision in Dobbs has not ushered us into the Promised Land. While it was a large step forward to reverse Roe v. Wade and its morally wicked and legally warped progeny, its effect has been muted in several ways. The voters of presumably pro-life states have rejected constitutional
Dobbs: Only One Step Forward Read More
The 2021-22 Supreme Court term will be hard to beat, with four pro-religious freedom rulings, including the very important Kennedy decision, and the blockbuster overruling of Roe and Casey. That doesn’t mean that things won’t be happening on these fronts this coming term, but, as of now, the docket is not as full as last
2022-23 Supreme Court Term Prelude Read More
The Supreme Court’s decision in Dobbs overruled Roe and Casey, and it is being rightly praised for doing so. But Dobbs did more than that. Hill Bites the Dust The Dobbs decision, in demonstrating the harm caused by Roe and its progeny, pointed out that abortion cases had distorted the law in multiple other areas.
Dobbs Did More Than Just Overrule Roe Read More
We thank God today for the Supreme Court’s Decision in Dobbs v. Jackson Women’s Health Organization! The Court overturned Roe v. Wade and Planned Parenthood v. Casey. The Court acknowledged that those two cases were wrong when they declared there is a constitutional right to abortion. We, like many others, hoped against hope that the
Roe and Casey Are No More! Read More
A Second Chance to Get It Right: 303 Creative at the Supreme Court It is not often that an issue comes before the Supreme Court twice within a space of four years, but that is exactly what has occurred in the same-sex marriage vendor cases. The first opportunity was in the Masterpiece Cakeshop litigation. The
With what appears to be the best opportunity in almost 30 years to reverse Roe v. Wade, the pro-life forces are split on how the Court should do it. Some (most notably Prof. Robbie George of Princeton and Prof. John Finnis of Notre Dame) believe the Court should recognize that the due process and equal
Half a Loaf in Dobbs Will Not Prove Satisfying Read More
Pro-life Cases The “big hitter” for this upcoming term is in the pro-life area: Dobbs v. Jackson Women’s Health Organization. Instead of nibbling around the edges of Roe and Casey, as the abortion cases in the Court for the last several decades have done, Dobbs goes for the heart, with Mississippi arguing that the viability
Oral argument was heard last week by the Supreme Court in the donor disclosure cases in which The National Legal Foundation joined other organizations in filing an amicus brief. Our brief took the tack that California’s requirement for the disclosure of major donors of all charities in the state should be considered as a violation
SCOTUS Oral Argument on Donor Disclosure Case Read More