- New federal bill seeks middle ground on LGBT discrimination law and religious accommodation [Kelsey Dallas/Deseret News, “Fairness For All” coalition, sponsor Rep. Chris Stewart (R-UT) on bill] Early criticism from left and right [Daniel Silliman, Christianity Today; Katelyn Burns, Vox] The impulse to get past Culture War enmities is to be praised, even if, alas, some of the bill’s provisions would extend the coercive reach of federal law in ways libertarians would oppose;
- Third Circuit panel, Judge Thomas Hardiman writing, rules in favor of atheist group challenging Pennsylvania county’s rejection of bus ads. Creates split with D.C. Circuit [Charles Gallmeyer, Jurist; Hemant Mehta; Northeastern Pennsylvania Freethought Society v. County of Lackawanna Transit System]
- “Eighth Circuit holds that videographers have First Amendment free speech right to refuse to provide services at same-sex weddings” [Joseph Singer, KNSI (Minnesota); Telescope Media Group v. Lucero] Update on Sweet Cakes by Melissa case in Oregon [Adam Gustafson, Federalist Society; earlier] Federalist Society teleforum on Brush & Nib case [Phoenix wedding calligraphy] with Eric M. Fraser, Jennifer Perkins, and Jonathan Scruggs, and earlier;
- And speaking of which: SCOTUS should resolve “expressive wedding vendor” issue once and for all [Ilya Shapiro and Michael Collins on Cato certiorari brief in (latest stage of) Arlene’s Flowers v. Washington, noting that “Cato is the only organization in the country to have filed briefs in support of both Jim Obergefell (lead plaintiff in the Supreme Court’s same-sex marriage case) and Jack Phillips (owner of Masterpiece Cakeshop)”; earlier]
- Article takes issue with currently popular idea that claims of harm to third parties should routinely defeat claims to religious accommodation [Mark Storslee, University of Chicago Law Review/SSRN]
- “Top Scholars, Diverse Religious Groups Ask SCOTUS to Reconsider Employment Division v. Smith — Again” [Joseph Davis, Becket/Federalist Society on certiorari petition in Ricks v. Idaho Board of Contractors]
Search Results for ‘arlene's’
June 12 roundup
- Moving against emerging litigation analytics and prediction sector, France bans publication of statistical information about individual judges’ decisions on criminal penalty [Artificial Lawyer, ABA Journal, David Post]
- Eugene Volokh analyzes Washington high court’s unanimous ruling against Arlene’s Flowers and Barronelle Stutzman in same-sex marriage refusal case [Volokh Conspiracy, earlier on case here and here]
- “Small claims court for copyright” idea would likely worsen the problem of copyright trolling [Mike Masnick, Techdirt]
- Activists push laws and pledges intended to push charitable foundation giving (yet) further to left [James Piereson and Naomi Schaefer Riley, Washington Examiner]
- Review of new book by libertarian economist David D. Friedman, “Legal Systems Very Different from Ours”: pirates, prisoners, gypsies, Amish, imperial Chinese, Jewish, Islamic, saga-period Icelandic, Somali, early Irish, Plains Indians, 18th century English, and ancient Athenian [Michael Huemer, Reason]
- If the Supreme Court is going to let police stop your car on a pretext, they should at least insist that there *be* a pretext [Jonathan Blanks on Sievers v. Nebraska Cato cert petition]
Supreme Court and constitutional law roundup
- Litigating the boundaries of religious liberty: Tunku Varadarajan interview/profile with Becket Fund’s Montse Alvarado [WSJ] And mark your calendar for Sept. 28, Cato’s inaugural day-long conference “The Future of the First Amendment” at which I’ll be on a panel on religious liberty;
- What Hamilton wrote: archive find casts further doubt on theory President isn’t “officer” subject to Emoluments Clause [Brianne Gorod, Take Care] Broad definition of emoluments in suit against Trump might trip up its own lead plaintiff, Connecticut Sen. Richard Blumenthal [Michael Stern] “There is nothing wrong with Justice Gorsuch speaking at the luncheon despite its venue.” [Steve Lubet on Trump-Hotel-as-speech-venue flap]
- Duties of celebration: Cato amicus urges SCOTUS to consolidate Arlene’s Florist with Masterpiece Cakeshop case [Ilya Shapiro and David McDonald]
- Maryland gun ban unconstitutionally broad, argue Randy Barnett and Dave Kopel in Cato amicus [Shapiro, Kopel, and Matthew Larosiere] Restore rights to a rehabilitated felon? Sure, says Maryland, but not gun rights. Constitutional check [Shapiro]
- Federalist Society’s annual Supreme Court roundup speech for last term, by Miguel Estrada, is now online. Unfinished business: 10 certiorari petitions from last term SCOTUS justices should have granted [Mark Chenoweth, WLF] And don’t forget to mark your calendar for Cato’s Constitution Day Sept. 18;
- By 2019, constitutional law discussions at America’s top law schools were being conducted entirely in emoji [@tribelaw on Twitter on “First or Second Amendment, pick one” question of whether persons assembling for political protest have right to bear arms at the same time]