Richard W. Garnett

The foundational premise of the pro-life position—that is, that every human being should be “protected in law and cared for in life”—is no more “theological” than the commitments behind laws mandating environmental stewardship and prohibiting unjust discrimination or exploitation. Continue Reading »

Fulton is, we should hope, a reminder that religious freedom is foundational and that it need not and should not be only a partisan concern. Continue Reading »

The Espinoza v. Montana ruling is the latest step in a decades-long doctrinal evolution that is as striking as it is welcome. Continue Reading »

Whitefish Mountain, a ski resort in northwest Montana, is known for its spicy terrain, rime-clothed “snow ghosts,” and postcard-perfect views of Glacier ­National Park. And, of course, for “Big Mountain Jesus.” Big Mountain Jesus is a kitschy but beloved dashboard-ornament-style . . . . Continue Reading »

Selecting Anthony Kennedy’s replacement could turn out to be one of the current administration’s most consequential tasks. Continue Reading »

So, this is 2017: A few days after issuing an incompetently executed, morally dubious, and in many ways misguided executive order on immigrants and refugees, the president nominated an outstanding and unassailable jurist to succeed Justice Antonin Scalia. Continue Reading »

Students in my constitutional law course are usually surprised, and often skeptical, when I propose that the most important case they will study is not about abortion rights, the death penalty, or the status of Guantanamo Bay, and does not concern Ten Commandments monuments, Christmas displays, or . . . . Continue Reading »

Clarity and unanimity have not exactly been the hallmarks of the Supreme Court’s efforts to interpret and enforce the Constitution’s religion clauses. In the two Ten Commandments cases decided in 2005, the nine justices managed to deliver ten opinions, with two different five-justice . . . . Continue Reading »

Sometimes, even things that are obviously true need to be underscored, and brought home. Here is one such thing: Elections matter. And, the election of President Obama has turned out to matter a great deal for the future decisions and direction of the Supreme Court. Solicitor General Kagan is, . . . . Continue Reading »

Religious Freedom and the Supreme Court by Ronald B. Flowers, Melissa Rogers, and Steven K. Green Baylor, 1200 pages, $69.95 paper Justice Clarence Thomas has observed that the Supreme Court’s decisions and doctrine having to do with religious freedom, church“state relations, and . . . . Continue Reading »