Supreme Court Roundup at First Things

Kevin Walsh and I have the annual Supreme Court Roundup at First Things, A Less Corrupt Term. In it we look back at some of the cases from last term and forward too. The range of cases looking back span the Obergefell-inflected genre, free speech (Packingham and Matal), law and religion (the church plan case and Trinity Lutheran), and Trump v. IRAP. We also discuss the political gerrymandering case on the upcoming docket (Gill v. Whitford) as well as Masterpiece Cakeshop. Here is a bit from the beginning:

In these unusually turbulent times for the presidency and Congress, the Supreme Court’s latest term stands out for its lack of drama. There were no 5–4 end-of-the-term cases that mesmerized the nation. There were no blockbuster decisions.

Even so, the Court was hardly immune to the steady transformation of our governing institutions into reality TV shows. Over the weekend leading into the final day of the term, speculation ignited from who-knows-where about the possible departure of its main character, Justice Anthony Kennedy. To us, the chatter seemed forced—as if the viewing public needed something to fill the vacuum left by a season of episodes with fewer sex scenes and less louche intrigue than usual.

But the scriptwriters did not disappoint entirely. In the season finale, the justices delivered split opinions in two cases that had not even been fully briefed and argued on the merits—one about President Trump’s limits on immigration from six majority-Muslim nations, the other about the right of a female same-sex spouse to be listed as a parent on a birth certificate alongside the birth mother. These opinions hint at some of the stories that will shape next year’s plotline—the first full term for the new character, Justice Neil Gorsuch.

And the producers promise a thrilling new season. For readers of this journal, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission is likely to be the most prominent case, one about the freedom of a Christian baker to decline to design a custom cake for a same-sex wedding celebration. Other potential showstoppers include a case about partisan gerrymandering and another round on President Trump’s executive order on immigration. We may also see more shake-ups in the cast. Before peering ahead to what may be coming, though, we look back at some of the signal events of the past term.

Hammond, “God’s Businessmen: Entrepreneurial Evangelicals in Depression and War”

The connection of conservative evangelicalism and the business community has taken God's Businessmensomething of a hit in the last decade or so, as business interests and religious interests have undergone a realignment, but this interesting looking book describes their older association well before the Reagan era. The author is Sarah Ruth Hammond, the publisher is Chicago Press, and the description is below.

The evangelical embrace of conservatism is a familiar feature of the contemporary political landscape. What’s less well-known, however, is that the connection predates the Reagan revolution, going all the way back to the Depression and World War II. Evangelical businessmen at the time were quite active in opposing the New Deal—on both theological and economic grounds—and in doing so claimed a place alongside other conservatives in the public sphere. Like previous generations of devout laymen, they self-consciously merged their religious and business lives, financing and organizing evangelical causes with the kind of visionary pragmatism that they practiced in the boardroom.

In God’s Businessmen, Sarah Ruth Hammond explores not only these men’s personal trajectories but also those of the service clubs and other institutions that, like them, believed that businessmen were God’s instrument for the Christianization of the world. Hammond presents a capacious portrait of the relationship between the evangelical business community and the New Deal—and in doing so makes important contributions to American religious history, business history, and the history of the American state.