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29 Mar 2023, 4:39 pm
Similarly, the burden in Yoder wasn't the feared corruption of the Amish children's souls from attending public school; it was that the government made their religious practice—foregoing public education—objectively more difficult by imposing criminal fines. [read post]
24 Feb 2006, 9:35 am
Yoder, Corte E.U.A., 1972), pasando por la dispensa de la exigencia de observar el saludo a la bandera (West Virginia Board of Education v. [read post]
6 Jul 2014, 1:08 pm
In earlier posts, such as this one, I noted that in the context of commercial activities, the Supreme Court—and virtually every other court, for that matter—has consistently construed the Free Exercise Clause and religious accommodation statutes not to require religious exemptions from generally applicable regulations, from at least 1944 until this week. [read post]
24 Apr 2023, 7:00 am
Yoder (1972), when Chief Justice Warren Burger acknowledged that education is “necessary to prepare citizens to participate effectively and intelligently in our open political system. [read post]
5 Nov 2020, 6:10 pm
Early yesterday I published a long post here in which I tried to identify the various arguments that are salient in the Fulton case--and those that shouldn't be. [read post]
16 Dec 2013, 6:36 am
As I explained earlier, the crux of plaintiffs’ RFRA claims in Hobby Lobby and Conestoga Wood is that the HHS “Preventive Services” Rule substantially burdens the religious exercise of the companies’ owners and managers by putting them to an untenable choice between their civil and religious obligations. [read post]
2 Dec 2011, 3:20 pm
For instance, noted Mennonite theologian John Howard Yoder, noted Pentecostalist theologian David K. [read post]
3 Dec 2022, 3:14 pm
[Note that the decision is not inconsistent with the Supreme Court's holding in Dobbs, though it may of course still be overturned on appeal on other grounds.] [read post]
3 Mar 2017, 6:34 am
La representante María M. [read post]
31 Aug 2015, 10:50 am
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
