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The Latest Breaking News from Yoder

Chief Justice Burger Set the Stage for the Originalist Revolution

While conservative criticisms of the Burger Court may be justified, those criticisms do not apply to the "The Chief." He had only one vote on the Court ... and, too often, too little support from his colleagues to reach originalist results.

Reason

The First Amendment and Restrictions on Gathering Information by Drone

From Sixth Circuit Judge John Bush's very interesting opinion Friday respecting denial of rehearing en banc in Yoder v. Bowen:… The post The First Amendment and Restrictions on Gathering Information by Drone appeared first on Reason.com.

Reason

Justice Thomas Avoids Substantive Due Process with Meyer and Pierce

Thomas may attempt to recast Pierce as a Free Exercise case, but it cannot be understood in that fashion.

Reason

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The Status of Smith and Yoder After Mahmoud

The Court continues avoiding the Smith issue, but in an unexpected way.

Reason

Contrasting Coercion for the Free Exercise Clause in Mahmoud and Coercion for the Establishment Clause in Kennedy

The Court finds that the government cannot indirectly coerce children who are exercising their religious beliefs, but the government can indirectly coerce children who are not exercising their religious beliefs.

Reason

Religion at the Supreme Court

Three Cases from OT 2024

Reason

In LGBTQ+ storybook case, Supreme Court handed a win to parental rights, raising tough questions for educators

The Supreme Court tends to save its blockbuster orders for the last day of the term – and 2025 was no exception.

The Conversation

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School Choice Could Fix the Conflicts That Led to the Supreme Court's Mahmoud Decision

There’s no need to fight over lessons if you’re not forced to learn in government-run battlegrounds.

Reason

Free Exercise Clause Rights to Opt Children Out of Public School Lesson That "Substantially Interfer[e]" with Their Children's "Religious Development"

[1.] The Supreme Court has been debating the meaning of the Free Exercise Clause for over 60 years. One view… The post Free Exercise Clause Rights to Opt Children Out of Public School Lesson That "Substantially Interfer[e]" with Their Children's "Religious Development" appeared first on Reason.com.

Reason

100 years ago, the Supreme Court made a landmark ruling on parents’ rights in education – today, another case raises new questions

A century ago, the Supreme Court handed down one of its most important cases about education. On June 1, 1925, the court struck down an Oregon statute requiring all students to attend public school – a law critics argued was meant to limit faith-based schools, at a time when anti-Catholic…

The Conversation

Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case

From today's dissent from denial of certiorari by Justice Gorsuch, joined by Justice Thomas, in Apache Stronghold v. U.S.: For… The post Justices Gorsuch and Thomas Dissent from Court's Declining to Hear Apache Religious Freedom Case appeared first on Reason.com.

Reason

Court OK's N.Y. Repeal of Religious Exemptions from Vaccination Requirement

An excerpt from the Second Circuit's long (and, I think, generally correct) decision yesterday in Miller v. McDonald (Judges José… The post Court OK's N.Y. Repeal of Religious Exemptions from Vaccination Requirement appeared first on Reason.com.

Reason

Part XII: The Free Exercise of Religion

An Introduction To Constitutional Law Video Library: Sherbert v. Verner (1963), Wisconsin v. Yoder (1972), Employment Division v. Smith (1990), Church of the Lukumi Babalu Aye v. City of Hialeah (1993), Burwell v. Hobby Lobby Stores (2014)

Reason

Protecting People from Their Own Religious Communities: Judicial Evaluation of a Religious Community's Qualities

This new article of mine will be coming out next year in the Journal of Law and Religion, and I thought I'd serialize it here; there's still plenty of time for editing, so I'd love to hear people's feedback. Here's Part III (Part II is more doctrinal, so I'm skipping…

Reason

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