Editor’s note: This is a modified version of Michael Greve’s comments he delivered on a panel called “Public Interest Litigation in the Modern Era” at the Federalist Society’s 2017 Annual Lawyers Convention in Washington, D.C.
I used to be in the public interest litigation business, back in the premodern era. My comments here briefly summarize an outsider’s observations on what I think has changed in public interest law and what its role should be in the future of conservative-libertarian politics.
Last week, on January 16, America marked Religious Freedom Day. The day commemorates enactment of the Virginia Statute for Religious Freedom of 1786, a precursor of the First Amendment. Written by Thomas Jefferson, the Virginia statute disestablished religion in the commonwealth—“no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever”—and prohibited civil penalties for the expression of religious belief—“all men shall be free to profess, and by argument to maintain, their opinion in matters of religion.” Jefferson saw the statute as one of his three great accomplishments; along with the Declaration of Independence and the founding of the University of Virginia, he directed that it be noted on his tombstone.
For most American Christians, Christmas has come and gone. True, some sticklers will keep their trees up until Epiphany, but, for most of us, the routine of daily life has resumed. For most Mideast Christians, though, the holiday is just beginning. Armenian Apostolic Christians will celebrate Christmas, according to ancient custom, on January 6. In Egypt, Coptic Christians, the largest Christian communion in the Mideast, numbering perhaps 12 million, will celebrate on January 7, as will Orthodox Christians in Bethlehem itself. (Mideast Catholics celebrated on December 25, along with their Western counterparts). The traditional processions are scheduled for Manger Square.
For Christians, Christmas is a joyous time. But, for most Mideast Christians this year, the holiday is an uneasy one.
“If you want to understand why evangelicals could vote for someone of Trump’s morals,” Megan McArdle suggested, read Harvard Law professor Mark Tushnet’s “Abandoning Defensive Crouch Liberal Constitutionalism.”