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The Rise of the Undead Blaine Amendment
The Lemon test, a perennial ghoul of Establishment Clause jurisprudence, seems to have finally received...
Is Dworkin’s Definition of Discrimination Dead?
In 1979, the noted legal scholar and philosopher Ronald Dworkin published How to Read the...
From Flagpoles to Football: An Establishment Clause Run Amok
For over fifty years, Establishment Clause jurisprudence has been haunted by the malleable nature of...
At Oral Arguments in Dobbs, Viability Falters and Puts Roe Itself in Jeopardy
During its recent oral arguments in Dobbs v. Jackson Women’s Health, the Supreme Court considered...
Carson v. Makin: Charting a Course Beyond the Status/Use Distinction
The Supreme Court has long interpreted the Establishment Clause as requiring “governmental neutrality between religion...