Legal Spirits 026: Law in “A Man for All Seasons”

In this episode, recorded especially for our 1Ls at St. John’s (and law students everywhere!), we explore legal themes in the classic film about Thomas More, “A Man for All Seasons” (1966). How far can law protect an individual from state and social coercion? And to what extent must a lawyer submerge his or her own views in representing a client? Listen in!

Legal Spirits Episode 025: Supreme Court Law and Religion Roundup

In this podcast, we discuss the end of the Supreme Court’s term, which included a number of important cases related to law and religion–Bostock, Espinoza, Our Lady of Guadalupe, and Little Sisters of the Poor. We take a big picture, thematic approach to these cases, talk about who won and who lost, and speculate about what these and future cases mean for the ongoing conflicts between what we call “Progressives” and the “Traditionally Religious.” Listen in!

Legal Spirits Episode 024: Church Closings in the Time of Coronavirus–Part II

Photo: Buffalo News

In this followup to Episode 22, we discuss new developments in litigation over government orders to close churches during the COVID-19 epidemic, including a decision by the U.S. Supreme Court. We ask whether local authorities continue to merit judicial deference and whether courts should decide what sort of worship services should satisfy believers. Listen in!

Deferring to Local Authorities in a Public Health Crisis

At the First Things site today, I have an essay on the current round of church closures cases. To understand these cases, one has to cut through doctrinal details and focus on the factor that most drives the judges’ decisions: the need to defer to public health authorities during a crisis. That’s usually sensible. Judges are not epidemiologists, and they are not accountable if they get things wrong. But local authorities have begun acting in ways that betray that trust:

In the last couple of weeks, local authorities have squandered much of their credibility. For months, public health authorities have told Americans that gatherings of more than a few people, even outdoors and with social distancing, should not take place because of the grave risk of contagion. Families could not even have funerals for loved ones. Now, however, many of those same public health authorities say (while others remain silent) that mass protests can and should go forward, given the issues involved. Combatting racism and police brutality is profoundly important. But that’s a separate question from whether the gatherings pose a public health risk. As Ross Douthat wrote, the virus doesn’t care why someone is protesting. 

Moreover, in making these arguments, some local officials have expressly disparaged religion. Here in New York, Mayor de Blasio used dismissive terms to explain why the city has permitted protests but forbidden Hasidic funerals: Religion, the mayor said, was simply not as important. The mayor is entitled to his opinion; probably most New Yorkers agree with him. But his statements—and those of other elected officials—should make courts skeptical about deferring to the judgment of local authorities.

You can read the essay here.

Around the Web

Around the Web

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

Legal Spirits Episode 022: Church Closings in the Time of Coronavirus

In response to the COVID-19 epidemic, many state and local governments have banned “non-essential” gatherings of more than 10 people, including religious services. In this episode of Legal Spirits, Center Co-Directors Marc DeGirolami and Mark Movsesian discuss several recent cases, like one involving the On Fire Christian Church in Louisville Kentucky, in which (mostly Evangelical) churches have challenged these bans as violations of religious freedom. How likely are such challenges to succeed? And why are Evangelicals, as opposed to Catholics and Orthodox, the Christians challenging these bans? 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:

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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