“We’ve long lived in a country where religious freedom was secure, and we didn’t need to give it much thought,” writes Luke Goodrich. “Now we’re realizing the country is changing and we might not enjoy the same degree of religious … Continue reading The Battle over Religions Liberty in America | Influence Podcast
Today is the 25th anniversary of Justice Anton Scalia’s opinion in Employment Division v. Smith, which Michael Stokes Paulsen describes as Justice Scalia’s Worst Opinion: Smith is not by a long shot the worst Supreme Court decision of all time, or even of the past twenty-five years. As a matter of the human harm it inflicts, there are far more egregious cases.Planned Parenthood v. CaseyandRoe v. Wade, the Court’s abortion decisions,top the listin the modern era. Nor isSmith the most indefensible of opinions in terms of the Court’s legal analysis.Roe,Casey,Lawrence v. Texas, andWindsor v. United States, each adopting and extending some form of “substantive due process,” are worse thanSmithon this score.Smithis … Continue reading Justice Scalia’s Worst Opinion
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