The Supreme Court and the new religious aristocracy — The Hill Column

The Supreme Court has effectively authorized schoolteachers to pressure their students to pray. Kennedy v. Bremerton held that football coach Joseph Kennedy had the right to engage in what Justice Neil Gorsuch called a “short, private, personal prayer” on the 50-yard line after games. The court held that forbidding that prayer improperly discriminated on the basis of religion,…

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Akhil Amar and the Dobbs draft — The Hill Column

  Yale Law Professor Akhil Amar, in a prominent defense of the Supreme Court’s leaked draft opinion overruling Roe v. Wade, argues in the Wall Street Journal that it contains “nothing radical, illegitimate or improperly political.” Amar supports abortion access but doubts that it is protected by the Constitution. He emphasizes that Roe was poorly reasoned. He thinks that…

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‘Roe,’ Precedent, and Reliance — The American Prospect

    Supreme Court Justice Alito’s recently leaked draft opinion overruling Roe v. Wade is remarkable for many reasons, not least its treatment of precedent. Justice Amy Coney Barrett has observed that, among the reasons why courts follow their own precedents, “the protection of reliance interests is paramount.” People make plans based on the law as they understand it, and abrupt…

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Bad political philosophy can kill you – The Hill Column

    Political philosophy sounds abstract and nerdy, but it is inescapable. If you have any political opinions, then you have a philosophy and are probably acting in accordance with it. Administrative regulations are even more boring. Recent developments in the administration of ObamaCare – are you bored yet? – show how much it matters. The…

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