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	Comments on: Courts to officials: do not insult religions	</title>
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	<link>https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sat, 26 Oct 2019 15:58:47 +0000</lastBuildDate>
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		By: Court to officials: do not insult religious believers (cont&#8217;d) &#124; Overlawyered		</title>
		<link>https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/comment-page-1/#comment-356509</link>

		<dc:creator><![CDATA[Court to officials: do not insult religious believers (cont&#8217;d) &#124; Overlawyered]]></dc:creator>
		<pubDate>Sat, 26 Oct 2019 15:58:47 +0000</pubDate>
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					<description><![CDATA[[&#8230;] If you missed my Wall Street Journal piece on how the Michigan foster care decision isn&#8217;t really much of a victory for religious accommodation, Cato now has posted an unpaywalled version. Earlier discussion here. [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] If you missed my Wall Street Journal piece on how the Michigan foster care decision isn&#8217;t really much of a victory for religious accommodation, Cato now has posted an unpaywalled version. Earlier discussion here. [&#8230;]</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/comment-page-1/#comment-356388</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Sat, 12 Oct 2019 02:57:07 +0000</pubDate>
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					<description><![CDATA[I share the discomfort of others with parsing every statement ever made by a politician.

Nevertheless, the method used by hyper-partisan AG Nessel to repeal a law she disliked (a collusive &quot;settlement&quot; with a convenient plaintiff) is repugnant to small-R republicanism as it has evolved in this country.  The proper ways to repeal laws are through legislation (with or without the Governor&#039;s cooperation), the State or Federal courts, or other methods set out in the State constitution (eg referenda).

Could a Federal Court invoke Article IV, Section 4, Clause 1 to &quot;guarantee to every State ... a Republican Form of Government&quot; to set aside AG Nessel&#039;s chicanery, and require her to get proper authority to modify the law?]]></description>
			<content:encoded><![CDATA[<p>I share the discomfort of others with parsing every statement ever made by a politician.</p>
<p>Nevertheless, the method used by hyper-partisan AG Nessel to repeal a law she disliked (a collusive &#8220;settlement&#8221; with a convenient plaintiff) is repugnant to small-R republicanism as it has evolved in this country.  The proper ways to repeal laws are through legislation (with or without the Governor&#8217;s cooperation), the State or Federal courts, or other methods set out in the State constitution (eg referenda).</p>
<p>Could a Federal Court invoke Article IV, Section 4, Clause 1 to &#8220;guarantee to every State &#8230; a Republican Form of Government&#8221; to set aside AG Nessel&#8217;s chicanery, and require her to get proper authority to modify the law?</p>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/comment-page-1/#comment-356387</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Sat, 12 Oct 2019 01:38:50 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/comment-page-1/#comment-356363&quot;&gt;SPO&lt;/a&gt;.

I agree that it is problematic. Courts have been parsing campaign speech (and speech even more remote from eventual government action) for quite a long while, and the results have been the problems you describe and others too. For one thing, they incentivize litigants to search years&#039; worth of public discussion for the equivalent of thoughtless tweets, thus bringing to litigation the spirit of cancel culture.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/comment-page-1/#comment-356363">SPO</a>.</p>
<p>I agree that it is problematic. Courts have been parsing campaign speech (and speech even more remote from eventual government action) for quite a long while, and the results have been the problems you describe and others too. For one thing, they incentivize litigants to search years&#8217; worth of public discussion for the equivalent of thoughtless tweets, thus bringing to litigation the spirit of cancel culture.</p>
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		<title>
		By: New on LGBT issues and the law: religious tax exemptions, Title VII coverage &#124; Overlawyered		</title>
		<link>https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/comment-page-1/#comment-356385</link>

		<dc:creator><![CDATA[New on LGBT issues and the law: religious tax exemptions, Title VII coverage &#124; Overlawyered]]></dc:creator>
		<pubDate>Fri, 11 Oct 2019 23:39:14 +0000</pubDate>
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					<description><![CDATA[[&#8230;] keeping track, this makes three pieces I&#8217;ve published in two days, counting yesterday&#8217;s Wall Street Journal piece, all related to sexual orientation and the law although unrelated [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] keeping track, this makes three pieces I&#8217;ve published in two days, counting yesterday&#8217;s Wall Street Journal piece, all related to sexual orientation and the law although unrelated [&#8230;]</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/comment-page-1/#comment-356363</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Thu, 10 Oct 2019 14:03:10 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73631#comment-356363</guid>

					<description><![CDATA[The decision is problematic.  Are we now going to have judges parsing campaign speech of elected officials?  That is a genie that needs to be put back in the bottle.  

Michigan&#039;s attorney general had every right to campaign on her views about those who would discriminate against SSM.  Personally, I think she was over the top, but if she has a beef with religion, so be it.  I do not approve of federal judges acting like campaign speech policemen.  They don&#039;t have the expertise or the authority.]]></description>
			<content:encoded><![CDATA[<p>The decision is problematic.  Are we now going to have judges parsing campaign speech of elected officials?  That is a genie that needs to be put back in the bottle.  </p>
<p>Michigan&#8217;s attorney general had every right to campaign on her views about those who would discriminate against SSM.  Personally, I think she was over the top, but if she has a beef with religion, so be it.  I do not approve of federal judges acting like campaign speech policemen.  They don&#8217;t have the expertise or the authority.</p>
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		<title>
		By: Roger Wm. Bennett		</title>
		<link>https://www.overlawyered.com/2019/10/courts-to-officials-do-not-insult-religions/comment-page-1/#comment-356360</link>

		<dc:creator><![CDATA[Roger Wm. Bennett]]></dc:creator>
		<pubDate>Thu, 10 Oct 2019 11:11:35 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73631#comment-356360</guid>

					<description><![CDATA[No, Judge Jonker didn&#039;t undermine or attack &lt;i&gt;Employment Division v. Smith&lt;/i&gt;, but his application isn&#039;t just a one-off, either. We are so polarized that there are likely to be more Dana Nessels contemning religion in their campaigns, particularly where religions resist new sexual orthodoxies.]]></description>
			<content:encoded><![CDATA[<p>No, Judge Jonker didn&#8217;t undermine or attack <i>Employment Division v. Smith</i>, but his application isn&#8217;t just a one-off, either. We are so polarized that there are likely to be more Dana Nessels contemning religion in their campaigns, particularly where religions resist new sexual orthodoxies.</p>
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