Constitutional Law
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Three religious freedom cases to watch at the Supreme Court
The court has done an admirable job in recent years in clarifying the constitutional obligations of governments in a way that protects the First Amendment right to free exercise of religion.
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Texas app store case offers states a path to protect children online
The court decisions in this case will provide important direction to states about how to ensure parents and children can navigate technology safely and together.
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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…
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Protecting Essential Institutions: Why Religious Freedom and Parental Rights Matter
Parents are in a unique position of understanding their children, but they also have an “investment” that others do not.
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The Supreme Court Stands Up for Donor Privacy
The U.S. Supreme Court recently decided a case protecting the freedom of association for nonprofit organizations.
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A “Universal” Preschool Program That Excludes Religious Schools Isn’t Universal at All
Can a state condition participation in a universal preschool program on a school’s willingness to compromise parts of its religious mission?
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Transparency is a constitutional check on federal agency power
Agencies have developed a practice of publishing enforcement manuals and sending letters and similar communications to explain how they understand the law, and by implication, how they plan to enforce it.
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Free speech, not politics: Why the Supreme Court rejected Colorado’s counseling law
The Court’s decision in Colorado prioritized the Constitution over policy preferences and protected the integrity of our system.