William C. Duncan
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Sutherland Institute files amicus brief in Mid Vermont Christian School v. Saunders
The state cannot circumvent the Constitutional protection of religious exercise by imposing a de facto religious exclusion in its education funding laws or deny parents their right to exercise their responsibility to direct the education of their children.
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The Fourth of July is a reminder of America’s enduring promise
Linking our official independence with the adoption of the Declaration is entirely fitting. The Declaration did much more than merely announce a political separation; it established an aspiration that shaped the new nation, and continues to shape us today.
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Parents cut out of their children’s decisions will get a chance to make their case to the Supreme Court
Governments should not interfere with parents’ relationships with their children unless the parents are unfit. The Washington policy being challenged in this case turns that principle upside down. It assumes that certain parents are unfit without requiring any evidence that…
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U.S. Supreme Court will hear case on home worship
These types of cases arise when government officials do not understand, or perhaps ignore, constitutional provisions protecting the free exercise of religion.
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When city rules chill home worship, courts should step in
The specific legal question is whether he can bring his case now based on the threat or whether he will need to wait until the city makes a final determination against him.
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Sutherland Institute joins amicus brief in Rio Grande Foundation v. Oliver
This law unconstitutionally infringes Petitioner’s right to free association and speech.
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How Utah is bringing hidden federal guidance into the open
Support for these laws has been entirely bipartisan. Ensuring the people of the state and their representatives are aware of direction from federal agencies, and can challenge it where necessary, is not a party issue.
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One standard should guide the Utah Senate on Supreme Court nominees: fidelity to the Utah Constitution
Senators should be clear that only nominees who understand and are committed to constitutional supremacy and the constitutional role of judges will be confirmed.
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Federalism isn’t about states’ rights. It’s about responsibilities.
Federalism is implicated in a wide range of current controversies, like the conduct of elections, business regulation, even immigration. Sometimes, though, the way we talk about it obscures its nature and purpose.
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App stores are not like bookstores: Courts need to provide clarity on laws to help parents
Many parents are anxious to have help in navigating technology and are understandably concerned about the insistent way in which their children are influenced by online pitches. They can count on their influence being respected when it comes to their…