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From the category archives:

Establishment Clause

Christian Legal Society Chapter v. Martinez (Part 2)

January 5, 2010

     The difficulty of this case stems from the number of constitutional doctrines and principles which are intertwined, a tangled skein of general rules and fundamental values.

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Atheist Elected in North Carolina, Presenting an Easy Religious Freedom Case

December 15, 2009

     David Waters of the Washington Post reports that Cecil Bothwell, an atheist, was elected to city council in Asheville, North Carolina, despite a provision of the North Carolina state constitution which provides that "any person who shall deny the being of the Almighty God" is disqualified from holding public office.  This presents an easy [...]

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Abortion Analogies

November 9, 2009

     The enactment of the Stupak Amendment as part of the health care bill reawakens the debate over abortion.  Both sides invoke arguments by analogy in support of their positions on abortion and abortion funding.  I find a third analogy to be more fitting – one that supports the Supreme Court's position that while abortion [...]

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Supreme Court 2009-2010 Term: (1) Salazar v. Buono – Cross on Public Land

October 26, 2009

     On October 7 the Supreme Court heard oral argument in the case of Salazar v. Buono, which involves the constitutionality of a cross that had been erected on public land.  More below.

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