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Anti-Catholic Attacks After Dobbs

Richard W. Garnett

In late June of 1992, just a few weeks before I entered law school, the Supreme Court issued its decision in Planned Parenthood v. Casey. In that case, a...

After Fulton, Religious Foster Care Agencies Still Vulnerable

Richard W. Garnett

A distinctive feature of Chief Justice John Roberts’s nearly 16-year tenure on the Supreme Court is a growing body of precedents interpreting and enforcing the First Amendment’s religion clauses...

A Win For Religious Schools

Richard W. Garnett

John Roberts just bulldozed the wall separating church and state,” a Slate writer announced after the Supreme Court’s Tuesday decision in Espinoza v. Montana. Of course, the chief justice...

Mild and Equitable Establishments

Richard W. Garnett

Whitefish Mountain, a ski resort in northwest Montana, is known for its spicy terrain, rime-clothed “snow ghosts,” and postcard-perfect views of Glacier ­National Park. And, of course, for “Big...

A Personal Case for Justice Amy Coney Barrett

Richard W. Garnett

It has become something of a ritual among legal junkies and Supreme Court watchers: After nine months of experts’ telling all who ask about this-or-that hot-button, big-ticket case that...

Judge Gorsuch’s Prime-Time Humility

Richard W. Garnett

So, this is 2017: A few days after issuing an incompetently executed, morally dubious, and in many ways misguided executive order on immigrants and refugees, the president nominated an...

2012 Supreme Court Roundup

Richard W. Garnett

Students in my constitutional law course are usually surprised, and often skeptical, when I propose that the most important case they will study is not about abortion rights, the...

Things Not Caesar’s

Richard W. Garnett

Clarity and unanimity have not exactly been the hallmarks of the Supreme Court’s efforts to interpret and enforce the Constitution’s religion clauses. In the two Ten Commandments cases decided...

Religious Freedom and the Supreme Court

Richard W. Garnett

Religious Freedom and the Supreme Court by Ronald B. Flowers, Melissa Rogers, and Steven K. Green Baylor, 1200 pages, $69.95 paper Justice Clarence Thomas has observed that the Supreme...

Freedom for Faith, Freedom for All

Richard W. Garnett

In Defense of Religious Liberty By David Novak ISI, 250 pages, $18 William James once quipped that “in this age of toleration,” no one “will ever try actively to...

Righting Wrongs and Wronging Rights

Richard W. Garnett

Justice: Rights and Wrongs by Nicholas Wolterstorff Princeton University Press, 416 pages, $39.50 Nicholas Wolterstorff is a gifted moral philosopher and among the most eminent Christian scholars in any...

Misreading Cardinal George

Richard W. Garnett

My friend and former colleague, Prof. Douglas Kmiec, opened his September 9, 2008 Chicago Tribune op-ed (“How Catholics can oppose abortion, back Obama”) with an endearing expression of respect...

Speechless in Seattle

Richard W. Garnett

The United States Court of Appeals for the Ninth Circuit handed down recently a free-speech decision that is raising some eyebrows and might be of interest to readers. Of...

Speechless in Seattle

Richard W. Garnett

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Free to Believe

Richard W. Garnett

Religious Freedom and the Constitution by Christopher L. Eisgruber and Lawrence G. Sager Harvard University Press, 352 pages, $28.95 These might seem depressing days for our public conversations about...