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Lynn v. Sekulow

Barry, It’s really the beginning of the end for Judge Crabb’s faulty decision.  The Department of Justice has filed its notice of appeal in the case clearing the way for the U.S. Court of Appeals for the Seventh Circuit to engage this issue.  If the appeals court doesn’t correct this – the Supreme Court will. …

Jay, I find your arguments regarding the National Day of Prayer decision highly unpersuasive, and quite frankly, wrong. First, our country does not have “a long history of recognizing the national day of prayer dating back to the late 1700’s,” as you claim. The National Day of Prayer was created by Congress less than 60…

Barry, This decision hardly represents a ‘victory’ for religious liberty, as you suggest.  It’s more like a small setback in the ongoing battle to keep groups like Freedom From Religion Foundation from purging all religious references and observances from American public life.  This decision is by a single federal district court in Wisconsin.  It does…

Jay, I just heard some great news: a U.S. District Judge has ruled today that the congressional mandated National Day of Prayer is unconstitutional. I’m sure you have already read the decision, but Judge Barbara Crabb rightfully concluded that the sole purpose of federal law “is to encourage all citizens to engage in prayer, an…

Barry,  It didn’t take long for the speculation to begin regarding President Obama’s nominee to replace the retiring Justice Stevens. In fact, the ‘name game’ is in high gear with a variety of ‘short lists’ circulating like this one from ABC News that includes a list of 10 potential nominees:  Solicitor General Elena Kagan; Judge…

Jay, You are right — Justice John Paul Stevens did make it clear where he stands on church-state separation and I would like to see his successor do the same. While you may not appreciate Justice Stevens for his contributions to the court, you have to admit he is an icon — not to mention…

  Barry, the announcement was expected and as Justice John Paul Stevens notified the White House that he is stepping down after this term at the age of 90 – and more than 30 years at the high court – it’s likely that this summer will be an interesting one as President Obama gets set…

Barry, you’re right.  This is a very important case.  In your assertions, though, you minimize the threat that blind enforcement of “non-discrimination” policies can pose to expressive associations such as the Christian Legal Society (CLS) who seek to ensure that their leaders will share the basic beliefs and core values of the organization.   CLS…

Jay, I’m glad you brought up this soon-to-be-argued controversy. Americans United has also joined in on this case, filing a friend-of-the-court brief in support of University of California, Hastings College of Law for their commitment to stand up against discrimination. The case was originally brought by the Christian Legal Society (CLS) after the law school…

Barry, I do believe the constitutional challenges against the health care law will succeed.  Specifically, in my view, it will be the Commerce Clause violation that ultimately will result in this law being declared unconstitutional.  It also seems very likely that this case will wind through the legal process and end up at the Supreme…
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