It does not bode well for the rule of law when the standards for determining whether a statute is constitutional change from case to case. Justices Kennedy, Souter, and O’Connor of the US Supreme Court once wrote, “Liberty finds no refuge in a jurisprudence of doubt.” (This line opened a plurality opinion in which they … Read more
The Attorney General of the United States has again abdicated his duties; he has notified Congress that he will not defend a duly enacted law in the courts. He did this in February of last year, too, when he stepped back from upholding the federal Defense of Marriage Act. This time, he refuses to defend … Read more
Earlier this month, the US Supreme Court decided a case filed by the US Equal Employment Opportunity Commission and a teacher against a church-operated grade school in Michigan. Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, No. 10-553 (January 11, 2012). (The Slip Opinion, the official pre-publication version of the Court’s decision, … Read more