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Supreme Court

Is Locke the Next Supreme Court Decision the Lower Courts Should Ignore?

I observed in a recent blog that the Supreme Court has begun to chide the lower courts for continuing to apply the Court’s own precedents that it has not yet formally overruled when later decisions of the Court cast doubt on their continuing viability. In particular, the Court in its 2022 decision Kennedy v. Bremerton School District criticized the […]

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The Path to Disincorporation

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

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Dobbs:  Only One Step Forward

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

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2022-23 Supreme Court Term Prelude

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

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Roe and Casey Are No 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

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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

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