I enjoyed this article today in First Things by Phillip Munoz, noting the difference in the interpretation of the Establishment Clause. From the article: What Thomas understands—and
what the Chief Justice seems to ignore—is that the Court’s protection of religious freedom under the Free Exercise Clause necessarily will be constrained by competing [...]
Just out: a very short piece I published with Catholic News Service, "Forming Consciences for Faithful Citizenship Offers Guidance, Not Directives," - reflecting on the latest
version of the US Conference of Catholic Bishops' voter's guide, and emphasizing the role of voter intent - and not simply the "non-negotiable" or "intrinsically [...]
A point of personal privilege and congratulations to Mark, whose article, Severability in Statutes and Contracts, 30 Ga. L. Rev. 31 (1994), was cited by Justice Gorsuch in
his opinion concurring in the judgment in part and dissenting in part in today’s Supreme Court case, Barr v. [...]
The American and French Revolutions are often thought of as entirely distinct types. But was there a connection? Here’s a little cold water thrown on the claim of distinctiveness
by Tocqueville, from The Old Regime and the Revolution (201, Furet & Melonio, eds): [...]
Michael Moreland and Jeffrey Pojanowski have this very interesting paper, "The Moral of Torts"--part of a forthcoming book on Christianity and Private Law--that offers a natural
law account of tort law (focusing in part on some sections of Thomas Aquinas's Summa). [...]
I hate to see a song I love, "Lift Every Voice and Sing," become a subject of political controversy. The song is often described as the "national anthem" of African-Americans.
I have no problem with that. It does not mean that the song doesn't belong to all who wish to embrace its wonderful message; nor does recognizing its special historical [...]
Kathryn Lopez of the National Review Institute brought Gloria Purvis and Louis Brown together for a virtual discussion on race in America. The beautifully grace-filled and
deeply insightful discussion can be viewed here. [...]
Espinoza v. Montana Department of Revenue is an important win for the principle of choice in religious matters, as well as for choice-based programs in education. Its specific
holding is somewhat limited, but its implications are broader. Doug Laycock and I have a piece on SCOTUS Blog analyzing the decision, drawing from our amicus brief [...]
