Constitutional Law
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The secret recording of Alito reveals something — but not about Alito
Cooler heads have not prevailed. Instead, gossip and eavesdropping masquerading as news have been treated in some media outlets as a story worthy of sustained interest.
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Justice Alito is right to not recuse over flag flap
The court’s role is not to deliver on the policy goals or political aims of other branches of government. The justices are charged with interpreting and applying the Constitution and other laws as written.
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Ruling on teacher’s firing shows how clear laws could help keep religious entities out of court
Appeals court cites “ministerial exception” in a dispute between a former teacher and a Catholic high school in North Carolina.
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School choice case: Unpopular doesn’t mean unconstitutional
In a California case, the family of a boy with autism that chose a Jewish school is challenging state’s refusal of educational services it would offer if the child were in public or secular private school.
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What does the U.S. Constitution say about political protests?
The First Amendment guarantees of speech and peaceable assembly protect some aspects of protests, but there are significant limitations on what protesters can do.
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Protecting property rights against government overreach
While governments can continue to regulate land use, these regulations and fees must be justified by a government interest and proportional to the effect of the development’s impact on that interest.
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Looking at Supreme Court and religious freedom through the lens of the presidential campaign
Two constitutional issues highlight similarities and differences between the Biden and Trump administrations.
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Ignoring the text of the Constitution is a mistake
A written Constitution is entirely superfluous if the document is simply meant to give the people what they want.
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Here’s why the First Amendment’s religion clauses are not in conflict
Some suggest there is a tension between protection for the free exercise of religion and the prohibition on the establishment of religion. But a better take is to see the two clauses as congruent.
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Why is Utah at odds with Justice Department over treatment of gender-dysphoric prisoner?
Lawsuit illustrates a little-known practice of federal agencies – giving various forms of “guidance” which are not supposed to be legally binding. The practice raises serious legal and constitutional questions.