All the way back in 2015 I told you about the attempt by the fringe far-right to revive the long-discredited Lochner Era of Supreme Court jurisprudence. George Will’s radical ‘litmus test’ for a return to the Lochner era (excerpt): There is a revival of a long-discredited legal doctrine among conservatives, mostly among Libertarian lawyers, some … Read more
First Amendment religious liberty was intended to be a shield from government control over religion in response to the state religions of Europe, and the centuries of sectarian conflict from which many colonists had fled Europe. The government was prohibited from establishing a state religion, and all religions were free to exercise their beliefs. But … Read more
Last Wednesday, a New York appellate court lifted the temporary restraining order against Simon & Schuster, a decision that allows the publisher to move forward with printing copies of the book publish Too Much and Never Enough: How My Family Created the World’s Most Dangerous Man by Mary Trump, Donald Trump’s niece, and shipping them to … Read more
Founding Father James Madison must be turning over in his grave today. James Madison was the chief author of the Bill of Rights and thus of the First Amendment. He was the foremost champion of religious liberty. James Madison’s “Memorial and Remonstrance Against Religious Assessments”, a document presented to the Virginia General Assembly in 1785, argued … Read more
The Trump “Injustice” Department went to court on Friday trying to block the release of former national security adviser John Bolton’s book next week, “The Room Where It Happened”. While U.S. District Judge Royce C. Lamberth on Friday castigated former Trump aide John Bolton for publishing a White House memoir without first obtaining formal government confirmation that … Read more