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Trinity Lutheran and a Response to Michael Stokes Paulsen and NRO »

On May 3, The Wall Street Journal posted a short op-ed I wrote on the Trinity Lutheran case. (Sorry, but the op-ed is behind a pay wall; however, here is a blog post that gives some background to the case and my first impressions.) Professor Michael Stokes Paulsen, alleging I was “wrong on every...
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The Neil Gorsuch Nomination: Does a Protestant Seat Matter? »

There has not been a Protestant on the Supreme Court since Justice John Paul Stevens retired in 2010. There has not been a Protestant nominated since 1990 when George W. Bush called upon David Souter. Right now there are five Roman Catholics and three Jews. Neil Gorsuch, according to the Washington Post, belongs to St....
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Term Limits for Supreme Court Justices? »

Article III, Section 1 of the U.S. Constitution provides that “Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour ...” The result is that instead of choosing Justices on the basis of their experience, maturity and gravitas, there is a premium on packing the Court with youngsters who...
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SCOTUS, the Presidential Debate, and The Formula »

The Supreme Court will be a major issue in tonight’s presidential debate. Justice Scalia’s seat is just part of the story. At 83 years old, rumors have long been swirling about the health of Ruth Bader Ginsburg, a solid vote for the liberals. Moreover, Anthony Kennedy, a Reagan appointee who often votes with the...
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Must We Work for Nuns If We Wish to Dodge Obamacare’s Mandates? »

Obamacare’s opponents are cheering the Little Sisters of the Poor’s apparent Supreme Court victory over Obamacare’s mandate to cover artificial contraception, about which I wrote when the controversy first erupted. The Little Sisters defied the mandate, which is contrary to their Catholic faith. The mandate is relevant not to the nuns’ themselves (obviously), but...
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Obama’s Supreme Court Appointment »

Republicans have already said they will try to block any attempt by President Obama to have his nominee replace Antonin Scalia on the Supreme Court. The president has less than a year left in office, so blocking his nominee may be easy. But the Republicans may be playing right into the president’s hands. Who...
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Friedrichs v. CTA Could End Compulsory Union Dues »

On January 11, the U.S. Supreme Court will hear arguments in Friedrichs v. California Teachers Association (CTA), a potentially landmark case. If the Court rules in favor of the plaintiffs, the financial strength and political clout of government employee unions across the country could be diminished greatly. Ten California teachers and a teachers’ group,...
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When Thinking about Obergefell We Must Distinguish between Policy and Law »

Among the friends of liberty, there is much confusion about whether the Supreme Court’s Obergefell opinion is a vindication of liberty or an usurpation of power. When thinking about the opinion we should be aware of two different modes of analysis: policymaker and judge. How we see Obergefell depends on which mode we have switched...
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Libertarians Should Be Cautious in Celebrating Obergefell »

To no one’s surprise, five justices of the U.S. Supreme Court held that “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same sex may not be deprived of that right and...
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Obamacare’s State-Based Exchanges Struggle with Surging Costs »

Obamacare’s health insurance exchanges are a real problem. States that established exchanges as “active purchasers” of health insurance, instead of just clearinghouses, have higher premiums. So, what is the point of them? Further, the federal government threw billions of dollars at states to set up exchanges, with zero accountability. Things are not improving. From...
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