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30 Sep 2022, 1:58 pm
., Sept. 29, 2022), the U.S. 5th Circuit Court of Appeals held that a program devised by a Justice of the Peace under which his court sessions are opened with a prayer from a volunteer chaplain does not violate the Establishment Clause. [read post]
17 Aug 2022, 12:51 pm
Nor does a proper understanding of the Amendment's Establishment Clause require the government to single out private religious speech for special disfavor. [read post]
29 Jul 2022, 12:30 pm
[Building inspectors, historic preservationists, NIMBYs, code enforcement, and the right to make contracts.] [read post]
4 Jul 2022, 4:00 am
It does not address a situation where the woman herself seeks the abortion. [read post]
27 Jun 2022, 8:12 am
Chambers, 463 U.S. 783 (1983) (upholding state legislative chaplains). [read post]
10 Jun 2022, 12:30 pm
Dissent: Does so. [read post]
20 May 2022, 11:43 pm
If it does nothing else, the Preston litigation points up the difficulties and uncertainties in the current law: four senior judges found in favour of Haley Preston and four found against her – but the Supreme Court trumps the Court of Appeal. [read post]
3 May 2022, 8:05 am
“Ramirez ‘does not seek an open-ended stay of execution. [read post]
20 Apr 2022, 9:02 am
” She also complained about the presence of crucifixes because they represent the Catholic Church, which does not recognize same-sex unions as valid marriages. [read post]
10 Apr 2022, 9:01 pm
To be told, at every turn, in every detail, that one ‘does not deserve to live,’ is to be destroyed slowly, bit by bit, day in and day out. [read post]
24 Mar 2022, 12:27 pm
But what does "compelling" mean, and how does the Court determine when the State's interest rises to that level? [read post]
28 Feb 2022, 9:04 pm
For example, in the nearly forty years since Texas reimplemented the death penalty, the state has historically allowed Christian and Muslim chaplains to touch dozens of dying inmates while praying aloud. [read post]
20 Nov 2021, 8:08 am
The Court disagreed and dismissed the claim, holding that a violation of state law does not constitute a constitutional violation or a violation of federal law. [read post]
9 Nov 2021, 8:04 pm
Is it enough, Roberts asked, that Ramirez’ pastor, Dana Moore, touch him anywhere on his body, or does he have to touch him somewhere specific? [read post]
9 Nov 2021, 1:46 pm
Is it enough, Roberts asked, that Ramirez’ pastor, Dana Moore, touch him anywhere on his body, or does he have to touch him somewhere specific? [read post]
8 Nov 2021, 4:34 pm
But until that day arrives, the legal ability to execute people does not mean that states can trample other fundamental rights in the process. [read post]
2 Oct 2021, 9:02 am
This case presents the question whether Texas can prohibit a chaplain from laying his hands on a prisoner during an execution. [read post]
22 Aug 2021, 7:01 am
Editor’s Note: This article is drawn from my long, scholarly article, “White Supremacy, Terrorism, and the Failure of Reconstruction in the United States,” published in International Security. [read post]
13 Aug 2021, 12:30 pm
The charter school is not a state actor, so Equal Protection does not apply. [read post]
13 Aug 2021, 11:51 am
Although the DOE and schools may have time guidance on the length of investigations, schools often take substantial time to resolve complaints, which causes distress and uncertainty for all parties involved and their families. [read post]
