Antonin Scalia, the Forward-Looking Justice
Antonin Scalia's originalist philosophy was more forward-looking than any of his critics will ever admit.
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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.
The Sixth Circuit Shouldn’t Be Ignoring SCOTUS’s Hobby Lobby Decision
Lower courts are not supposed to ignore Supreme Court rulings. However, as Ed Whelan noted in a recent post on this blog, that is exactly what circuit courts have done ...
It’s All about the Publicity, Not the Law: Satanists Sue for Religious Freedom
The Satanist group has filed two lawsuits claiming that Missouri's abortion laws violate its religious freedom, but they don't.
Justice Kennedy’s Judicial Power Grab
In his decision in Obergerfell, Justice Kennedy has swept into judges' hands much that should be the province of the political branches of government.
How Conservatives Should React to the Supreme Court
Two upcoming decisions will give conservatives a chance to explain the importance of constitutional reasoning.
Which Religious Practices Should Be Protected?
Americans do not expect to have to defend how they practice their religion until Judgment Day. But if the Obama Justice Department prevails in several ongoing court cases, such judgment may ...
Linda Greenhouse Schools the Supreme Court
Linda Greenhouse, a New York Times Supreme Court reporter, stunningly suggests in a recent article that the justices need to be scolded into “reading the briefs” in a pending case. ...
Liberals and the Court
Imagine that the Supreme Court decided a case this term following the same reasoning as in last summer’s Hobby Lobby decision. Anyone who witnessed liberals denouncing that decision as an unjustifiable ...