US Supreme Court (shutterstock.com)Liberalism as Armed Doctrine: A Conversation with Philip Hamburger
A Strict Separationist Speaks
Section 501(c)(3)’s Legacy of Prejudice: Mark Pulliam Sees No Evil
stock.adobe.comIs Section 501(c)(3) a Form of Censorship?
stock.adobe.comDismantling the Administrative State
Gino Santa Mario/Adobe Stock ImagesJudge Kethledge Is the Best Choice to Curtail the Administrative State
Judge Raymond M. Kethledge (by Abdul El-Tayef/WPPI)How about a Liberal Option – And It Could Be Done Through Reconciliation
Could the market help us solve our healthcare problems? Market economists and theorists say of course it could; big government/Progressive types say no. Let’s find out. As Franklin said when discussing his famous Kite, “let the experiment be made.” When the Obama administration was debating just how heavily to regulate America’s healthcare system, many on the Left wanted a truly government-run health insurance scheme, or “public option.” As Progressives’ default assumption is that government programs work better than the alternatives, they believed a “public option” would demonstrate the wisdom of turning to fully socialized medicine in the United States. Average Americans reacted sensibly:…
How Rights Are Like Taffy
A statue of Thomas Jefferson includes this figure holding a tablet bearing several names that different belief systems have for a higher power, titled “Religious Freedom, 1786.”Over at the Law and Religion Forum, we are hosting an online symposium on a very interesting article by Professor Vincent Phillip Muñoz, “Two Concepts of Religious Liberty: The Natural Rights and Moral Autonomy Approaches to the Free Exercise of Religion.” Muñoz’s basic claim is a historical one about the nature of the Founders’ constitutional commitment to religious freedom: They supported a narrow, but powerful, right of religious free exercise that protected fairly absolutely what were thought to be certain core features of religiosity—such as worship—but that did not protect the panoply of religious “interests” that might be dear to any given constituency.
Administrative Law in Turmoil: New Coke Causes Indigestion
Sir Edward CokeHarvard Law School’s dynamic AdLaw duo (Cass R. Sunstein and Adrian Vermeule) has struck again. In The New Coke: On the Plural Aims of Administrative Law the authors take aim at the insurgent fundamental assault on the legitimacy of the administrative state, under the banner of “the separation of powers.” The challenge is playing a growing role in separate [Supreme Court] opinions, and on occasion, it finds its way into majority opinions as well. Justice Clarence Thomas is the principal advocate, but he has been joined, on prominent occasions, by Justice Antonin Scalia and sometimes by Justices Samuel Alito and Chief…
