By: Ken Jensen In Espinoza v. Montana Department of Revenue, 207 L. Ed. 2d 679 (2020), the U.S. Supreme Court held that if a state offers an educational choice program, it cannot bar a religious schools based solely on their religious character. Over fifteen years ago, the Court had held that the Establishment Clause did … Continue reading Espinoza v. Montana Department of Revenue: The Supreme Court leaves more Questions than Answers in State Educational Choice Programs
By: Robert Bryson The concept of “Post-Truth” was perfectly encapsulated in the first episode of the Colbert Report during the inaugural segment of “The Word,” wherein Stephen Colbert famously declared: “Face it, folks, we are a divided nation … divided between those who think with their head and those who know with their heart … … Continue reading Post-Truth: A New Future? Not Yet.
By: Robert Bryson The Beginning Gerrymandering is a political process in which electoral districts are drawn with convoluted or meandering boundaries. The term was coined in 1812 when Governor Elbridge Gerry of Massachusetts signed into law a Boston-area electoral district that resembled a mythological salamander, however, the process of drawing abstract districts was an American … Continue reading Gerrymandering Series: the Beginning, its Development, and the Contemporary Application
By: Francis Carlota I have a question. First, I’ll give stats of a former NFL quarterback. Then you tell me if you think he’s good enough to be a current NFL quarterback. Keep in mind he is just 31 years old, only two seasons removed from playing professional football, has no criminal history of domestic … Continue reading Kaepernick Ousted from NFL For Exercising Free Speech
By: Robert Bryson Shortly after the Citizens United and Janus decisions, detractors began heaping criticism upon the Supreme Court for “weaponizing” the First Amendment. Indeed, Justice Kagan makes that very argument in her dissent: “It [the majority] does so by weaponizing the First Amendment, in a way that unleashes judges, now and in the future, … Continue reading The First Amendment: Has it been Weaponized?
By: Robert Bryson Corporate personhood is the legal notion that a corporation is a distinct entity that exists separately from the human being associated with it (like owners, managers, and employees). Corporations got their first breath of life in the Justinian Digest (the latest iteration of the Roman Code). Pope Innocent IV (pontificate from 1243-54) … Continue reading Corporate Personhood: Can a corporation really hold religious views? How did we get here?
By: Ridgeway Woulfe Last week, we explored the double standard the Supreme Court created by its Masterpiece Cake and its decision to uphold Trump’s nation-based immigration ban (apparently not a Muslim ban, as he routinely stated). In Masterpiece Cake, the Supreme Court held that a Commission’s animus toward a Christian baker was enough to find … Continue reading Supreme Court Promotes a Double Standard for Religious Animus: Muslims to Christians
By: Ken Jensen After reading the Court’s opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm'n, 138 S. Ct. 1719 (2018), I am struck with how our society is still confused with respect to sexual orientation. The Court struck down the Colorado Civil Rights Commission’s actions to assess a cakeshop owner’s reasons for declining … Continue reading PIAC’s Supreme Court Review: Masterpiece Cake, Ltd. v. Colorado Civil Rights Comm’n.
By: Robert Bryson Don’t Misrepresent Facts to Assert Controversial Positions On August 9, 2017, Professors Amy Waxer of the University of the Pennsylvania, School of Law, and Larry Alexander, of the University of San Diego, School of Law (my alma mater), published a controversial article in the Philadelphia Inquirer “Paying the Price for Breakdown of … Continue reading An Open Letter to Professors Amy Waxer and Larry Alexander: Don’t Misrepresent Facts, Assert Controversial Positions, and Act Surprised When You Receive Aggressive Responses