Tag: SCOTUS; SUPREME COURT;

Victory for Christian Filmmakers Is a Win for Everyone

 

With nearly seven in 10 American adults worried about cultural and political threats to free speech, good news may be closer than you think. In fact, a recent court decision provides hope that free speech protections are trending upward, charting the course for future victories for all Americans.

Free speech was at the very center of Telescope Media Group v. Lucero. The case challenged the state’s attempt to force Christian filmmakers—with the threat of fines and jail time—to promote messages that violate their faith. On August 23, a three-judge panel of the US Court of Appeals for the 8th Circuit ruled 2-1 in favor of the filmmakers, overturning a lower court’s decision and giving that court a roadmap for how this case should move forward.

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Whatever is supreme in a state, ought to have, as much as possible, its judicial authority so constituted as not only to depend upon it, but as some sort to balance it. It ought to make its judicature, as it were, something exterior to the state…Such an independent judicature was ten times more necessary when […]

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Abood Overruled! Public Sector Unions Can No Longer Compel Dues Payments

 

This is a dagger in the heart of the ever expanding state and long overdue. Together with NIFLA v. Bacerra it’s a critical reaffirmation of our First Amendment rights of speech and conscience and a great day for the Constitution. It is darkened only by the sputteringly inexplicable fact that both decisions were 5-4.

The fact that four justices on our Supreme Court could dissent from these decisions is sad and terrifying. It shows us how close to the edge we were. Thank god for Mitch McConnell, Donald Trump, and Neil Gorsuch, who together preserved at least a narrow majority on the Court with fealty to the Constitution.

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The Hellerstedt Decision and Operation Chokepoint

 

When Texas’ various abortion clinic restrictions were struck down by the Supreme Court earlier this year in the Hellerstedt decision, (full text found here) liberals cheered and conservatives were dismayed. The surface reasons for why each side felt as they did are obvious and not particularly surprising or interesting in and of themselves.

What isn’t as obvious is the fact that the reasoning underlying the decision would cut in the exact opposite direction of those parties’ normal rooting interests if it had been rendered on any other topic but abortion.

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Maybe we need a betting pool. We know the left wing justices will not want to retire during Trump’s term, but there could be age and health issues that force the issue for them before 2021. One other thing to watch out for is that if the Democrats gain the senate in 2018 (right now they […]

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Reading the comments of other members, a recess appointment to replace Justice Scalia is of great concern. While an appointment within the next few days would be bad, most of the cases for the present term have already been heard and so the damage would be limited. Of greater concern for some members is the […]

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Rest in Peace, Justice Scalia

 

Much has been said and will be said for generations about Justice Antonin Scalia’s legal and intellectual legacy. I have nothing to add but a favorite memory:

Screen Shot 2016-02-14 at 06.57.09

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Judi and I are deeply saddened this afternoon upon learning of the death of this truly great man, who touched our lives, albeit briefly, as he touched so many lives all across the Nation, and the country has lost one of the great legal historians and scholars and bed rock adherents to the Doctrine of […]

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