Religion clauses

  • March 18, 2014
    Students from Yale Law School wrote a letter admonishing Sen. Chris Coons (D-Del.) for voting against the nomination of Debo Adegbile to head the Civil Rights Division of the Justice Department. Sen. Coons voted against Adegbile because he oversaw an appeals process for a convicted murderer while at the NAACP Legal Defense and Education Fund. Ryan J. Reilly at The Huffington Post reports on the letter.
     
    On Monday, Tarek Mehanna’s lawyer asked the Supreme Court to review his client’s seventeen-year imprisonment by a Boston jury for “providing material support to the Al-Qaeda terrorist network.” Lyle Denniston at SCOTUSblog notes the First Amendment implications of Mehanna’s conviction.
     
    Anticipation is growing as the Supreme Court prepares to hear oral argument for Sebelius v. Hobby Lobby Stores, Inc. In an article for Slate, Adam Winkler—Faculty Advisor for the UCLA School of Law ACS Student Chapter—explains why corporations should have the rights of “legal personhood that are essential to their operations” and why “Hobby Lobby should lose.”
     
    Kirk Siegler at NPR discusses why “California is shaping up to be the next major battleground over the Second Amendment.”
     
    Celebrating Women’s History Month, Cortelyou Kenney at Womenstake discusses the “gains women have made in terms of their representation on the federal judiciary … under the Obama administration.”
  • March 12, 2014
    As the Supreme Court prepares to hear Sebelius v. Hobby Lobby Stores, Inc. on Mar. 25, the companies refusing to provide contraception insurance coverage to their employees prepare to “frame their objections narrowly.” Emily Bazelon at Slate reveals “what the religious right really thinks of birth control.”
     
    Jeffrey Thompson, a government contractor, pleaded guilty to funneling large amounts of campaign contributions to several political candidates, including Washington, D.C. Mayor Vincent Gray. Zoe Tillman at Legal Times reports on the growing controversy surrounding Thompson’s trial and the implications for the 2014 mayoral election. 
     
    A group of Californians filed a petition for certiorari with the Supreme Court in an effort to “block a city ordinance banning gun ammunition-holders (‘magazines’) that contain more than ten bullets.” Lyle Denniston at SCOTUSblog breaks down Fyock v. City of Sunnyvale.
     
    A same-sex couple filed for divorce in Alabama, causing a plethora of legal questions to arise in a state that refuses to recognize gay marriage. Brian Lawson of The Huntsville Times describes how the state’s marriage ban is “[leaving] the couple without an easy way to untie the knot.”
     
    At The New York Times, Paul Krugman explains why “taking action to reduce the extreme inequality of 21st-century America would probably increase, not reduce, economic growth.”
     
    Staci Zaretsky at Above the Law comments on the U.S News & World Report 2015 law school rankings.
  • March 6, 2014
    BookTalk
    Taking Liberties
    Why Religious Freedom Doesn’t Give You the Right to Tell Other People What to Do
    By: 
    Rob Boston
    by Rob Boston, Director of Communications, Americans United for Separation of Church and State
     
    Religious freedom is crucial to the American experience. Indeed, a longing for the right to worship according to the dictates of conscience is one of the reasons our nation exists.
     
    Religious freedom encompasses many concepts. Fundamentally, it means the power to choose where and how you will worship—or if you’ll worship at all. It also means that the government has no right to compel anyone to take part in religious exercises or force its citizens to directly subsidize houses of worship. It means that decisions about faith are private and belong firmly anchored in what Supreme Court Justice Tom Clark once eloquently referred to as the “inviolable citadel of the heart.”
     
    That’s what religious freedom is. Here is what it is not: a tool to control others or to diminish their rights. Yet, increasingly, this is how some Americans are defining religious liberty. Because religious freedom is central to our democracy, it’s important that we get this right.
     
    I wrote Taking Liberties: Why Religious Freedom Doesn’t Give You the Right to Tell Other People What to Do because I was concerned that a noble principle designed to protect individual freedom was being warped into an instrument of mass oppression. This must not happen.
     
  • March 5, 2014

    The Justice Department has been asked to investigate accusations of CIA surveillance of computers used by Senate staff to prepare a Senate Intelligence Committee report allegedly detailing “how the CIA misled the Bush administration and Congress about the use of interrogation techniques that many experts consider torture.” Jonathan S. Landay, Ali Watkins, and Maris Taylor at McClatchy DC have the story.

     
    State officials are appealing U.S. District Judge John G. Heyburn II’s ruling that Kentucky must recognize same-sex marriages legally performed outside the state. Writing for The Courier-Journal, Tom Loftus and Chris Kenning report on why the Office of the Attorney General is sitting this one out.
     
    The Supreme Court agreed to hear oral argument in a case that challenges the Arkansas Department of Corrections’ no-beard policy for inmates. Ruthann Robson—Faculty Advisor for the CUNY School of Law ACS Student Chapter—reviews Holt v. Hobbs at the Constitutional Law Prof Blog and explores whether the ADC’s policy violates the Religious Land Use and Institutionalized Persons Act.
     
    Yesterday, the Supreme Court expanded whistleblower protections. In Lawson v. FMR LLC, the justices agreed to extend such protections to businesses working for public companies. Writing for Reuters, Lawrence Hurley breaks down the high court’s decision.
     
    Andrew Cohen at The Atlantic examines United States v. Maloney, a case that features a wrongfully convicted man, an intrepid prosecutor and “a result … that is worthy of respect.”
     
    Alex Rich at Above the Law argues why a new meaning of legal work “may define the work of a generation of lawyers.”
  • March 4, 2014

    by ACS Staff

    The Supreme Court heard oral argument yesterday in a case that centers on Florida’s rigid policy of determining whether it can move forward on executing a mentally disabled death row inmate. Lyle Denniston at SCOTUSblog reviews Florida’s standard for evaluating intellectual disability in the death penalty case, Hall v. Florida. For more on this case, please see analysis by Diann Rust-Tierney and Prof. John H. Blume at ACSblog as well as Jeremy Leaming’s piece on the controversial execution of Herbert Smulls.

    Writing for The Boston Globe, Prof. Kent Greenfield argues why for-profit companies should not be exempt from regulatory controls because of religious belief. In the article, Greenfield—a faculty advisor to the ACS Student Chapter at Boston College Law School—comments on the grave implications of providing the commercial businesses, such as Hobby lobby, an exemption from the Affordable Care Act’s policy on coverage of contraception. For more on the corporate challenges to the ACA’s contraception policy see the ACS Issue Briefs, “Corporate Religious Liberty: Why Corporations are not Entitled to Religious Exemptions” by Caroline Mala Corbin, a law professor at the University of Miami, and “With Religious Liberty for All: A Defense of the Affordable Care Act’s Contraception Coverage Mandate” by Frederick Mark Gedicks, a law professor at Brigham Young University.

    Despite efforts by lawmakers in Georgia and Ohio to create more hurdles to voting, Jennifer L. Clark and DeNora Getachew at the Brennan Center for Justice report on some of the “good news on voting rights.”

    Frank Pasquale at Balkinization briefly reviews Raul Carrillo and Rohan Grey’s The Cost of Justice, arguing that “law students need macroeconomics … and macroeconomics needs us."

    The NAACP Legal Defense and Educational Fund comments on President Obama’s landmark initiative, “My Brother’s Keeper.”