Law & the Courts

Defending Religious Liberty

The Christmas holidays can’t have been much of a break for the stalwart defenders of religious liberty at the Becket Fund for Religious Liberty and the Alliance Defending Freedom, as they jointly filed two momentous legal papers in the Supreme Court today.

This morning, in conjunction with Stanford law professor, and religion-law expert, Michael W. McConnell, the Becket Fund and ADF filed a petition for writ of certiorari in Stormans v. Wiesman, a case in which the owners of a family pharmacy and two individual pharmacists are challenging anomalous Washington state regulations that require them to dispense the drug Plan B. The petition argues that the Ninth Circuit’s ruling blatantly violates the Court’s 1993 decision on the Free Exercise Clause in Church of the Lukumi Babalu Aye v. Hialeah and should therefore be summarily reversed. Alternatively, it calls for plenary review of the Ninth Circuit’s ruling. (I discussed this case in these posts from the district-court phase four years ago.)

Late this afternoon, former Solicitor General Paul D. Clement, together with the Becket Fund and ADF, filed the merits brief on behalf of the Little Sisters of the Poor and other petitioners in their challenge to the so-called “accommodation” under the HHS contraceptive mandate. The brief argues that the accommodation violates the federal Religious Freedom Restoration Act. (I have written extensively about these and other challenges and will continue to do so.)

Most Popular

U.S.

The Gun-Control Debate Could Break America

Last night, the nation witnessed what looked a lot like an extended version of the famous “two minutes hate” from George Orwell’s novel 1984. During a CNN town hall on gun control, a furious crowd of Americans jeered at two conservatives, Marco Rubio and Dana Loesch, who stood in defense of the Second ... Read More
Film & TV

Why We Can’t Have Wakanda

SPOILERS AHEAD Black Panther is a really good movie that lives up to the hype in just about every way. Surely someone at Marvel Studios had an early doubt, reading the script and thinking: “Wait, we’re going to have hundreds of African warriors in brightly colored tribal garb, using ancient weapons, ... Read More
Law & the Courts

Obstruction Confusions

In his Lawfare critique of one of my several columns about the purported obstruction case against President Trump, Gabriel Schoenfeld loses me — as I suspect he will lose others — when he says of himself, “I do not think I am Trump-deranged.” Gabe graciously expresses fondness for me, and the feeling is ... Read More
Politics & Policy

Students’ Anti-Gun Views

Are children innocents or are they leaders? Are teenagers fully autonomous decision-makers, or are they lumps of mental clay, still being molded by unfolding brain development? The Left seems to have a particularly hard time deciding these days. Take, for example, the high-school students from Parkland, ... Read More