1947—In Everson v. Board of Education, the Supreme Court misconstrues the Establishment Clause as erecting a “wall of separation” between church and state. As law professor Philip Hamburger demonstrates in his magisterial Separation of Church and State (Harvard University Press, 2002), there is no legitimate basis for reading the Establishment Clause to impose a regime of separation of church and state, much less Thomas Jefferson’s “wall of separation.” The idea of separation was “radically different” from the non-establishment guaranteed by the First Amendment and became popular only “in response to deeply felt fears of ecclesiastical and especially Catholic authority.” Moreover, explains Hamburger, the persisting separation myth has in fact undermined religious liberty.
House minority leader Nancy Pelosi said Thursday that she is confident she will be the next speaker of the House, despite a potential challenge from another congresswoman. “I intend to win the speakership with Democratic votes. . . . I have overwhelming support in my caucus to be speaker of the House,” ... Read More
The Department of Education has issued its long-awaited proposed regulations reforming sexual-assault adjudications on college campus. Not only will these rules restore basic due process and fairness to college tribunals, but they also — given how basic the changes are — highlight just how ridiculous ... Read More
Political consultant Mark Penn wrote in the Wall Street Journal that Hillary Clinton not only will run for president again, but will prevail. He writes: “Mrs. Clinton has a 75% approval rating among Democrats, an unfinished mission to be the first female president, and a personal grievance against Mr. Trump, ... Read More
Today, across Twitter, I began to see a number of people condemning the Trump administration (and Betsy DeVos, specifically) for imposing a new definition of sexual assault on campus so strict that it would force women to prove that they were so harassed that they'd been chased off campus and couldn't return. ... Read More
Republican Senate candidate Rick Scott's lead over Democrat incumbent Bill Nelson increased by roughly 1,000 votes relative to the total reported on Election Night following a machine recount that concluded Thursday afternoon. Scott, the outgoing Florida governor, announced the recount total and called on ... Read More