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Religion’s Social Goods

A growing number of legal scholars question whether a justification exists for protecting religion as its own category. Yes, the text of the First Amendment refers specifically to religion, they concede, but that’s an anachronism. As a matter of principle, religion as such doesn’t merit . . . . Continue Reading »

Not Just For Profit

Post-argument predictions will continue to pour out regarding Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius, cases in which business owners (the Green and Hahn families) have voiced religious objections to being forced to pay for certain types of contraceptives. The . . . . Continue Reading »

Constitutionally Hopeful

The cover story on National Review is by Jonathan Adler and Nathaniel Stewart, who are insisting there were Positive Steps, Silver Linings in the Supreme Court’s ruling in NFIB v. Sebelius ruling.   Since I am expecting stormy weather over the next few years in the matter of . . . . Continue Reading »

Stunningly Bad

Wow. The oral argument defense of Obamacare’s constitutionality so far has not just been bad, as has been reported, but has been stunningly bad.  And the incompetence displayed goes beyond that of Solicitor General Verrilli, but extends to several of the meaning-to-help-his-case comments . . . . Continue Reading »

Late Halloween Riddle

What is black and white but leaves law-literate liberals shrieking and gibbering with fright? The anti-Obamacare brief from the public interest law arm of the Claremont Institute! I.e., for liberals, the ultimate CLAREMONSTER!!! . . . . Continue Reading »

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