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Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Around the Web

Here are some important law-and-religion news stories from around the web:

Announcing the Fifth Biennial Colloquium in Law & Religion (Fall 2020)

The Center for Law and Religion is delighted to announce the lineup for the fifth biennial Colloquium in Law and Religion, scheduled for Fall 2020. The Colloquium brings outside scholars and jurists to St. John’s to teach a seminar for selected students. Speakers present drafts on law and religion; students are graded on the basis of response papers and class participation. The Fall 2020 Colloquium will coincide with the Center’s tenth anniversary. A celebration is planned for October.

This year’s Colloquium speakers are Judges Steven Menashi and Michael Park of the U.S. Court of Appeals for the Second Circuit and Professors Jed Atkins (Duke University); Stephanie Barclay (Brigham Young University); Paul Horwitz (University of Alabama); Amy Sepinwall (University of Pennsylvania); and Carter Snead (University of Notre Dame).

For more information about the Colloquium, please contact Center Co-Directors Mark Movsesian and Marc DeGirolami.

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Around the Web

Here are some important law-and-religion news stories from around the web:

The Jarndyce v. Jarndyce of Church-State Cases

At The Volokh Conspiracy today, I have a post on the latest Contraception Mandate case to reach the Court: the Little Sisters case, which was the subject of our most recent Legal Spirits podcast with Kevin Walsh. I write that litigation about the Mandate, which has been going on for about a decade, is like that famous lawsuit in Bleak House, which dragged on year after year.

Why has the Mandate litigation lasted so long? I argue it’s a matter of principle, for both sides:

Why does the Mandate litigation go on and on? As I said, it’s not a question of money. Lawyers are not getting rich on these cases. The litigation continues because people care deeply, as a matter of principle, about the result, and because each side views the other as an existential threat. For proponents of the Mandate, it’s about women’s health and equality, and about beating back the obscurantist forces that threaten both. For opponents, it’s about affirming their deepest faith commitments, notwithstanding pressure from the state and progressive opinion that seeks to crush them. Even when a practical solution seems available—as the Court noted in Zubik—the parties find it difficult to compromise. The symbolic stakes are too high.

In short, the Contraception Mandate litigation, like so many other disputes over law and religion, reflects the deep polarization in our society. As long as that polarization continues, cases like Hobby LobbyZubik, and Little Sisters will continue to arise—as well as cases like Masterpiece CakeshopFulton v. City of Philadelphia, and many others.

Readers can find the whole post here.

Legal Spirits Episode 021: The New Little Sisters of the Poor Case (featuring Prof. Kevin Walsh)

The Little Sisters of the Poor are litigants before the Supreme Court once more, this time as intervening defendants in an action by Pennsylvania and New Jersey against the federal government. The factual issue is a set of regulations adopted by the federal government that fully exempt organizations like the Little Sisters from the “contraception mandate”–an extremely controversial feature of the Patient Protection Affordable Care Act that has been litigated for what will shortly be a decade. The case is Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, and it implicates complicated questions about religious freedom.

In this podcast, we are absolutely delighted to be joined by our first guest on Legal Spirits, Professor Kevin Walsh of the University of Richmond Law School, who has represented the Little Sisters before and has a keen understanding of the many intricacies of this important case. We recapitulate the history of this case, discuss the decisions below, and talk about the claims before the Supreme Court. We focus on the question of standing and the broader issue of the scope of the Religious Freedom Restoration Act and how this case might affect it. Listen in!

Around the Web

Around the Web

Here are some important law-and-religion news stories from around the web:

Around the Web

Around the Web

Here are some important law-and-religion news stories from around the web:

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