Bench Memos

Law & the Courts

This Day in Liberal Judicial Activism—April 22

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2019—A Third Circuit panel rules in Fulton v. City of Philadelphia that the city of Philadelphia lawfully refused to contract with a Catholic provider of foster-care services unless that provider agreed to certify same-sex couples as foster parents. Two years later, a unanimous Supreme Court will rule that the city’s refusal violated the provider’s Free Exercise rights under the First Amendment.  

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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