The law has limits to changing hearts and minds.

This decision limits the power of organized labor and gives greater freedom to individual workers.

This was the right result in this case, but the Court has done little to provide meaningful guidance as free exercise and free speech clash with public accommodation statutes making sexual orientation a protected classification.

The Washington Post is now a stalwart of the national press corps, but, as the movie The Post makes clear, its status was not assured. Neither was the future of the Freedom of the Press in the wake of Daniel Ellsberg’s leaking of The Pentagon Papers in 1971 in what may be the most...
Read More »

The Supreme Court ruled this week that the state of Missouri cannot exclude non-profit, religious organizations from programs for which secular non-profits are eligible. The Washington Post has a news story on the opinion here. According to the Court “But the exclusion of Trinity Lutheran from a public benefit for which it is otherwise...
Read More »

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...
Read More »

The media has been reporting on the arguments in Trinity Lutheran Church v. Comer, the so-called “playground case.” I’ve had a chance to examine the briefs and arguments and wanted to share these thoughts. First, a bit of background. The state of Missouri operates a program whereby it reimburses nonprofits when they install rubber...
Read More »

Last week, Dutch politician Geert Wilders was convicted of inciting discrimination and of insulting a group. The offending remarks came at a political rally when Wilders suggested that his country would be better off without any more Moroccan immigration. The New York Times has this news story here. Many folks who read this website are likely...
Read More »

My grandfather retired as a Lieutenant Colonel from the United States Air Force. As such, he was given a full military funeral upon his death. I remember that day better than most. It was bitterly cold and had rained non-stop for several days. I remember thinking that the men shooting during the “21 gun...
Read More »

We’ve heard the complaints about how money influences politics, but the recent presidential election shows that money doesn’t always Trump voter preferences. Before the primary elections, Jeb Bush had raised far more money and received more support from major Republican figures than other Republicans in the race; yet he was one of the earlier...
Read More »