Obergefell’s Toxic Judicial Legacy
The Obergefell decision gave judges everywhere explicit encouragement to invent new 'fundamental rights.'
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Religious Freedom? A Judge Bans a Jewish Ritual in California
In California, a judge banned a Jewish congregation from practicing a religious ritual. Advocates of religious freedom have rightly sounded an alarm.
Religious Freedom Is Not an Indulgence Doled Out by the State
Too many Americans now wish view religious liberty as an indulgence to be granted on a selective basis only to favored groups.
What Happens in Abortion Cases Stays in Abortion Cases
Justice Breyer’s ruling in the Supreme Court’s Whole Women’s Health v. Hellerstedt abortion case weakened the bedrock legal principle of res judicata.
Vox Gets Utah v. Strieff Holding Wrong
Vox misunderstands the Supreme Court’s ruling in Utah v. Strieff.
The Crucial Importance of Textualism
Encouraging judges to rule based on their personal experience or philosophy is a recipe for nullifying democracy.
Is the Supreme Court Going to Argue that Nuns Misunderstand Their Religion?
In the Little Sisters case, allowing the Supreme Court to second-guess nuns’ theological conclusions would be absurd and contrary to precedent.
Antonin Scalia, the Forward-Looking Justice
Antonin Scalia's originalist philosophy was more forward-looking than any of his critics will ever admit.
After Obergefell, the Senate Is the Last Line of Defense against Judicial Tyranny
The Senate should refuse to consider any Supreme Court nominee who agrees with Anthony Kennedy's dangerous Obergefell decision.
Why Is Missouri Unfairly Discriminating against Church Playgrounds?
The Supreme Court should strike down Missouri’s unconstitutional religious discrimination in Trinity Lutheran Church v. Pauley.