President Trump likes to talk. Between his early morning tweets and his stream-of-consciousness press conferences, he might be the most vocal president in modern history. His words, it turns out, do matter—and not just in the bully pulpit sense. A series of judicial decisions striking down
On Wednesday, 10/30, Mr. Aaron Street, a Partner at Baker Botts LLP, and Noah Feldman, Bemis Professor of International Law, met to discuss the case Town of Greece v. Galloway, which is slated to have oral argument on November 6th in the Supreme Court.
Mr. Aaron Streett
Texas’s policy fails to distinguish itself from past Texas schemes rejected by courts, and it fails to pass muster under the Establishment Clause precedent of the Fifth Circuit and the Supreme Court. Perry's personal conduct is even more out of bounds. In his advocacy of
Each year, over 50,000 skiers and snowboarders visit the ski slopes at Big Mountain in northwest Montana, just 66 miles from the Canadian border. This year, the mountain has set the stage for a battle between atheists and religious groups over the fate of a
Contrary to its hopes, then, the Hutterville Colony found no secular enlightenment in the South Dakota Supreme Court in the wake of Hosanna-Tabor. Instead, the religious community must rely on its own internal dispute resolution mechanisms to resolve its decade-long controversy as to who shall
While it remains unclear whether additional litigation will ensue as a result of the florists’ discrimination against Ahlquist, one thing remains certain: student-plaintiffs often face backlash from a myriad of sources within their local communities in response to their Establishment Clause challenges. Thankfully, though, students
At the very least, Judge Matheson’s ruling is a strong statement of the constitutional case against such legislation as the Oklahoma amendment. Couched in the language of Establishment Clause jurisprudence as it is, it makes clear not only that the grounds for the legislation are
The Supreme Court of North Carolina held this month that the arrest of a drunk driver by a police officer of a private Presbyterian university did not violate the Establishment Clause. The ruling represents a major victory for religiously affiliated universities throughout the country, many
Last month, in one of the largest curtailments of the Establishment Clause in recent history, the Seventh Circuit Court of Appeals held that public schools in Wisconsin could hold high school graduation ceremonies in churches without offending the First Amendment.
For nearly ten years, Brookfield Central
Last week, a three-judge panel of the Ninth Circuit Court of Appeals ruled unanimously that a California school district did not violate a teacher’s free speech rights by ordering him to remove posters bearing the national motto, among other phrases.
In late 2006, Bradley Johnson, a