Saturday, November 05, 2022

Tradition and the establishment clause

Andrew Koppelman

These days, the Supreme Court presents itself as faithfully following the law, while it does pretty much whatever it wants to.  For example, it invokes tradition as a constraint on its discretion, while manipulating its meaning in order to avoid enforcing constitutional provisions it doesn’t like – such as the Establishment Clause.

I elaborate in a new column at The Hill.

Older Posts
Newer Posts