The less rigorous test proposed by the concurring justices produced a desirable result in this case, but it seems to portend an approach that gives less than full scrutiny to asserted government interest in content-discrimination
Hercules Industries, a Denver company that provides heating and air conditioning equipment recently won a preliminary injunction against the imposition of the preventive care requirement adopted pursuant to the Affordable Care Act. Predictably, conservatives lauded the decision as a victory for religious freedom, because,
Can we square the invocation of evolving standards of decency with the recognized fact that the criminal justice system in the United States is, in general, far more punitive than it once was? I think that we can, if we allow for a fuller recognition
In Miller v. Alabama, the Supreme Court voted 5-4 that the Eighth Amendment prohibits a sentencing scheme that mandates life in prison without parole for juvenile homicide offenders. Despite Justice Kagan’s protestations, the Court was not eliminating an outlying vestige of once common, brutal punishment,
