Posts Tagged ‘Andrew Koppelman’
Religion and the lawbreaking Supreme Court | The Hill – Column
Lawyers sometimes irritate other people with their persnicketiness about technicalities. But scrupulousness about legal detail is what gives courts their authority. It is big news if the Supreme Court ignores statutory limits on its own power. Since Justice Amy Coney Barrett replaced Ruth Bader Ginsburg, the Court has repeatedly issued orders without legal authorization. This was particularly…
Read MoreThe Supreme Court’s squandered opportunity | The Hill – Column
In 2022 the Supreme Court threw away an opportunity to ameliorate the toxic polarization of America. After the unseemly gamesmanship that led to the appointments of Neil Gorsuch and Amy Coney Barrett, the new conservative majority should have looked for opportunities to, as Barrett said shortly after her confirmation, “convince you that this court is not comprised of a bunch…
Read MoreThe continuing, destructive power of libertarianism | The Hill – Column
At a recent conference on conservative philosophy, I told another professor that I’d just written a critical history of libertarianism. “You’re too late,” he said. “After Trump, libertarianism is dead in American politics.” Would that it were so. The Libertarian Party is indeed in deep trouble, torn apart by factionalism. Despite the increasing ubiquity of communitarian, nationalist rhetoric, however,…
Read MoreOriginalism and the football coach’s prayer — The Hill Column
Amid the recent Supreme Court argument over a high school football coach’s demand to lead his players in prayer, the judges lost sight of one of the central purposes of the First Amendment’s prohibition on “establishment of religion” — a purpose that should be of particular concern to the court’s self-styled originalists. The justices’ questions…
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