Law
The Supreme Court Grapples with New Challenges to Constitutional Liberties (and also considers abortion)
There is no issue of Supreme Court jurisprudence that invokes more passion than the question of a State’s ability to limit or criminalize abortion. Political argument and media coverage have made the issue a contest between only two alternatives: are you Pro-Life or Pro-Choice? From this has come the unfortunate misunderstanding in the mind of […]
Understanding the Supreme Court’s Ruling in the Texas Abortion Case
On September 1, 2021, the United States Supreme Court in Whole Woman’s Health v. Jackson, declined to issue an injunction against enforcement of a new Texas abortion law (S.B. 8). Media reports were full of excited or anxious reports of this might foretell the overturning of Roe v. Wade. Some in Congress are calling […]
Supreme Court Votes 9 – 0 for Religious Freedom, So Why Are Many Disappointed?
Near the end of its term, the United States Supreme Court decided the Freedom of Religion case of Fulton v. City of Philadelphia. The case concerned the referrals of children for foster care to Catholic Social Services (“CSS”), which has (all agreed) “long been a point of light in the City’s foster-care system.” Nevertheless, the […]
The Supreme Court and The Right of Freedom of Association
On April 26, 2021, the United States Supreme Court heard arguments on a case that may redefine the Constitutional right of freedom of association. The facts of the case present a very narrow question, but the potential of a landmark ruling brought amicus briefs (legal briefs by private or public organizations who ask to have […]
Can Churches Require Vaccination for Attendance?
As the COVID-19 vaccination program continues to roll out over the course of 2021, churches may be considering vaccination requirements for attendance at its religious services and events. This raises the question – is this legal, and if so, what are the possible implications? In a broad, general answer: yes, churches and ministries can prevent […]
Can Employers Require Employees to be Vaccinated for COVID-19?
With a nationwide vaccination program now a full go, businesses are looking forward to returning to pre-COVID work schedules. Many are considering whether they can (or should) require employees to be vaccinated as a condition of continued employment. Employment law questions have been raised, given the legal protections of workers under the Americans with Disabilities […]
Supreme Court Clarifies Constitutional Protections on Religious Gatherings
In the late hours of February 5, 2021, the United States Supreme Court issued a ruling in South Bay United Pentecostal Church v. Gavin, that has further clarified the law concerning the authority of State and local governments to restrict religious gatherings. Churches, synagogues and mosques throughout the United States have seen the imposition […]
Landmark Victory for School Choice and Religious Freedom
The Supreme Court’s most recently completed term continued its expansion of religious freedom under the First Amendment. Its decision in Espinoza vs. Montana Department of Revenue was the closest vote (a 5 – 4 decision) and the most aggressive application of the principles established in past terms. The case was a significant win for advocates […]
Chief Justice John Roberts and the Nature of Constitutional Jurisprudence
The Supreme Court’s decision in its latest abortion case, June Medical Services v. Russo, was a surprise to many. Some welcomed the ruling, while others read it with anger. But perhaps the most common reaction was confusion. Why had Chief Justice John Roberts voted with the “liberal” justices to strike down a law restricting abortion […]
The Continual Burnt Offering: Can State Government Close Churches?
Across the nation, State Governors have issued Executive Orders restricting the operation of businesses and the daily activities of individuals. They are doing so in response to the COVID-19 pandemic which has swept America and the world. These Orders often include prohibitions on the gathering of 10 or more people in any enclosed space. Churches […]
