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7/21/2020

Taking a break from questions over race, equality, and the American soul, we will look at commentary on a few of the more notable cases from the Supreme Court’s 2019-2020 term. During that just completed term, the Court issued a total of 67 opinions, which were delivered up until mid-July.

Joshua Lawson, the Managing Editor of The Federalist, delves into the Supreme Court’s controversial decision in McGirt v. Oklahoma, in which a 5-4 majority found that because a large portion of the State of Oklahoma is “Indian country,” the state could not try a member of the Creek Nation. Lawson writes that Justice Neil Gorsuch’s opinion “affirms several cardinal precepts of the American republic: that we are to be governed by laws, not men; that promises should be honored, and that might must never be allowed to triumph over right.”

Aaron Kushner, a Postdoc at the School of Civics and Economic Thought and Leadership at Arizona State University, argues that Justice “Gorsuch’s opinion gives hope that an America reeling from both COVID-19 and protests against racial injustice can find solace his words: ‘Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law.’”

The Dispatch’s David French discusses the Court’s decision in Bostock v. Clayton County, which found that the 1964 Civil Rights Act protects employees from discrimination based on sexual orientation and gender identity. “It’s gay rights and religious liberty,” French explains. “Religious institutions have more autonomy. The secular workplace is now more open to LGBTQ Americans.”

Hillsdale College’s Adam Carrington writes about Espinoza v. Montana Department of Revenue, in which a 5-4 majority held that Montana’s program that offers scholarships to students to attend private schools, including ones that are religiously affiliated, is constitutional. He notes that the seven written opinions stake out three different paths for religious liberty going forward: an “entirely secular state,” “functional agnosticism,” or a government preference for religion at the state level “so long as no coercion takes place.”

Finally, National Constitution Center President Jeffrey Rosen argues that as “Americans are questioning the legitimacy of all three branches of the federal government, [Chief Justice John] Roberts worked to ensure that the Supreme Court can be embraced by citizens of different perspectives as a neutral arbiter, guided by law rather than politics.”

Original Posts

The Tyranny of Abstractions

Scott Nelson, RealClearPublicAffairs

In the News

Race and Equality: A Conversation

Glenn Yu & Glenn Loury, City Journal

What to Read Instead of 'White Fragility'

Mark Hemingway, The Federalist

November 9, 1989: The Berlin Wall Falls

Tony Williams, Constituting America

Knocking Woodrow Wilson (and His Administrative State) Down a Few Pegs

Matthew Forys, RealClearPolicy

8 Facts About Religion and Government in the United States

Dalia Fahmy, Pew Research Center

A Debate: Was America Conceived in Racism?

Joel Daniels & Ryan Williams, Newsweek

America, Warts and All

Joseph Epstein, National Review

McGirt v. Oklahoma and Tribal Sovereignty

Aaron Kushner, Starting Points

Building Institutions in an Age of Platforms and Hashtags

Anthony Hennen, Front Porch Republic

Ida B. Wells, Born on July 16, 1862

Biography.com

On Thomas Jefferson

Myron Magnet, National Review

Cancel Culture Is Real

William A. Jacobson, RealClearPolitics

How Woodrow Wilson Tried to Reverse Black American Progress

Becky Little, History.com

Supreme Court Tries to Settle Religious Liberty Culture War

David French, Time

How Washington, D.C. Became the U.S. Capital

Greg Rushford, Dummies.com

Multimedia

Podcast: Fighting Founders—The Alien and Sedition Acts

Adam Carrington, Our American Network

The Alien and Sedition Acts are one of America's most controversial laws ever passed. Dr. Adam Carrington of Hillsdale College tells the story...

Jason Riley on 'Conceived in Liberty'

Jason Riley, Lynde & Harry Bradley Foundation

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Podcast: Publius's Constitution, Now More Than Ever

Colleen Sheehan & Richard Reinsch, Liberty Law Talk

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Glenn Loury and John Wood, Jr. on Race and Civil Society

Glenn Loury & John Wood, The Glenn Show

Glenn Loury of Brown University talks with John Wood, Jr. of Braver Angels on race and the current state of our civil society...

Carl Cannon's Great American Stories

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Great American Stories: Vive Lafayette!

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