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Government returns to Supreme Court on military transgender ban

Last month the Trump administration asked the justices to allow it to bypass the courts of appeals and immediately take up three cases (here, here and here) challenging the government’s ban on service in the military by most transgender individuals. Today the administration was back at the Supreme Court, giving the government a back-up option: If the justices […]
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December 13, 2018/by Amy Howe

Empirical SCOTUS: The heightened importance of the Federal Circuit

This term, the Supreme Court will hear argument in its 100th case decided below by the U.S. Court of Appeals for the Federal Circuit. The Supreme Court’s recent grant of Kisor v. Wilkie also marks the fourth case granted from the Federal Circuit this term. This is by no means a small fraction of the […]
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December 13, 2018/by Adam Feldman

Symposium: Crosses and constitutional clarity

Lindsay See is the solicitor general of West Virginia, which led a group of 27 other states and the governor of Kentucky in a cert-stage amicus brief in support of the petitioners in The American Legion v. American Humanist Association. No case is ever a lock for Supreme Court review, but the odds were always […]
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December 13, 2018/by Lindsay See

Symposium: Cross purposes — Why a Christian symbol can’t memorialize all war dead

Richard B. Katskee is Legal Director at Americans United for Separation of Church and State. Symbols have power. They communicate complex ideas, often more effectively and more forcefully than mere words. They are remembered for decades or even centuries. They speak to the heart, not just the head. And what is true for symbols generally […]
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December 13, 2018/by Richard B. Katskee

Thursday round-up

Briefly: At CNBC, Tucker Higgins reports that “Justice Brett Kavanaugh has only been on the bench for two months, but a controversial decision announced this week has abortion opponents starting to worry that he may not be the ally on the high court that they expected.” Lyle Denniston reports at Constitution Daily that “[a] group of […]
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December 13, 2018/by Edith Roberts

New Year’s Resolution: Taking Control of Your Debt

Many people make New Year’s resolutions to exercise more, eat healthier, or be kinder to others. But what about resolving to address your financial situation? A lot of people facing financial stress and debt tend to sweep it under the rug. ...
December 13, 2018/by William Kain

Symposium: Three establishment clause paths

Luke Goodrich is Vice President and Senior Counsel at The Becket Fund for Religious Liberty, which filed a cert-stage amicus brief in support of the petitioners in The American Legion v. American Humanist Association. The most interesting thing about the Maryland Peace Cross case won’t be who wins. (The Supreme Court will almost certainly uphold […]
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December 12, 2018/by Luke Goodrich

Symposium: The establishment clause strictly prohibits government preference for one faith — That could change with the Bladensburg Cross case

Heather L. Weaver is a senior staff attorney for the Program on Freedom of Religion and Belief at the American Civil Liberties Union. A 40-foot-tall Latin cross made of marble and cement stands on public property at one of the busiest intersections in Bladensburg, Maryland. The Bladensburg Cross is impossible to miss and overshadows everything […]
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December 12, 2018/by Heather Weaver

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