William C. Duncan
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Survey shows public support for religious freedom is strong – even growing
The Becket Fund’s Religious Freedom Index for 2021 reports on a national survey of U.S. adults who respond to 21 questions about “a wide spectrum of religious liberty protections under the First Amendment.”
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The civic implications of the upcoming Supreme Court abortion decision
The tension between applying existing legal rulings and abandoning mistaken interpretations was the most important theme in the oral arguments of Dobbs v. Jackson Women’s Health Organization. Although the case is about abortion, the court’s ruling could very well shape…
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Robust recognition of religious freedom is a fortification against antisemitism
Antisemitism – an ugly feature of human history – persists today. A recent publication argues that a more robust recognition of religious freedom could provide a powerful defense against antisemitism in the U.S. and that its absence leaves Jewish citizens…
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Judicial review and the infamous Dred Scott case
Chief Justice John Marshall, who established the practice of judicial review, was replaced by Roger Taney, a loyalist of President Andrew Jackson, in 1836. To the degree Taney is remembered, it is for the infamous decision in Dred Scott v.…
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A tangle of legislation, executive action, and litigation over abortion
Encouraging legislative lawmaking over judicial lawmaking, as President Dallin H. Oaks did in a recent speech, is a sound prescription. Unfortunately, at present the courts play an outsize role in defining legal guarantees of religious freedom.
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Supreme Court’s power over states was slow to develop
The Supreme Court’s power to invalidate state laws was slow to develop, as shown by what happened after an 1832 ruling that recognized the sovereignty of the Cherokee Nation: The court’s decision was ignored by state and federal officials, whose…
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Supreme Court update on 4 religious freedom cases
Sutherland’s Bill Duncan updates the four religious freedom cases that he previewed at the beginning of the current Supreme Court term. They are a good illustration of the important role of the court: In deciding which cases to take and…
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The long shadow of Marbury v. Madison reaches to today’s Texas law dispute
Although it is impossible to tell how the judges will rule based on their questions, a number of the questions seem to indicate a concern that the current law is having the effect of dissuading abortion providers while being legally…
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Build Back Better’s rules could complicate faith-based childcare
While the role of government and the complexity of our economy have increased, the need to ensure protection of religious freedom has not changed.
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Conference on Islam highlights how familiarity increases tolerance, understanding of differences
Neighbors, policymakers and the courts will all make better judgments – of others around them and of those their decisions affect – with the understanding of differences that comes from personal familiarity.