January 21, 2018

Hobby Lobby and its Aftermath: What Will RFRA Do Next?

Now that the Supreme Court of the United States (SCOTUS) has decided Burwell v. Hobby Lobby, people are wondering a few things: What is the Religious Freedom Restoration Act (RFRA)? ŸWhy do we have RFRA? What does RFRA cover? What are the limits of free exercise of religion under RFRA? These are all great questions […]

Be Careful When You Ask Out SCOTUS

When you ask a girl to the prom and she says no, you have a pretty good idea she simply doesn’t like you. Now, maybe she has a legitimate excuse, but, let’s be honest, “I have to visit my grandma” really isn’t all that legitimate. She’s just not that into you, dude. Deal with it. […]

Gene Schaerr Leads the Utah Appeal of Kitchen v. Herbert

Citing the importance of the appeals process of Kitchen v. Herbert to both sides of the Amendment 3 debate, Utah Attorney General Sean Reyes selected Utahn Gene Schaerr to lead the team of lawyers that will represent Utah in the appeal of the case that overturned Utah’s Amendment 3. Currently a partner at Winston & […]

Obamacare before the Supreme Court: “The Emperor Has No Clothes!”

In a case of “the Emperor has no clothes,” the justices played the part of the skeptic to the Obama Administration’s protestations of Obamacare’s constitutionality. With the oral arguments on constitutionality of the Affordable Care Act over, let’s take a look back at the reactions to the arguments: [cont…]

Mexico files brief against Utah…federalism at issue?

Immigration is one of those issues that never seems to go away. While almost every policy can be debated, either passionately or with blithe calm, immigration seems to evoke a passionate and even angry response from people who are, otherwise, level-headed and even-tempered.

Justice Alito versus…the Supreme Court?

Justice Alito wears his heart on his sleeve. And he’s not afraid to take on the whole court to do it. Yesterday, Justice Alito was the lone dissenting voice in the Supreme Court’s decision to allow Westboro Baptists to protest at military funerals. As Josh Blackman points out, though, it’s not his first time. Last […]

Ben Lusty, on Congressional education policy

My good friend Ben Lusty published a piece on Congressional use of it’s funding power to influence education policy in the states.  Because I feel like the tension between the states and federal government merits scrutiny, especially when money is at issue, I have reprinted Ben’s piece here with his permission. Congress’ education bailout is bad […]