Thursday, September 19, 2019
Principles or Improvisations? Why (and how) the Justices Should Reject Anti-religious Discrimination
A little over two years ago, concurring in Trinity Lutheran Church of Columbia, Inc. v. Comer, Justice Neil Gorsuch insisted – quoting the late Chief Justice William Rehnquist – that “our cases are ‘governed by general principles, rather than ad hoc improvisations.’” A case on the Supreme Court’s docket this term, Espinoza v. Montana Department of Revenue, will – among other things – put this claim to the test.
Read the entire post by Richard Garnett at SCOTUSblog