It’s starting to look as though Elena Kagan may be the kind of Supreme Court justice who fits in very nicely with the post-separationist ideology of the Rehnquist and Roberts courts. In her confirmation hearings to be solicitor general, she threw under the bus the interpretation favored by her then boss, Thurgood Marshall, and his…

Because Americans have a constitutional right to the free exercise of religion, the government is obliged to provide military personnel with chaplains at public expense. Americans also have a constitutional right to abortion. So the government also should be obliged to provide pregnant military personnel with access to abortion services, no? No. As Elisabeth Bumiller…

It looks to this non-lawyer that the breakaway Anglicans in Virginia (i.e. the Convocation of Anglicans in North America–CANA) were too clever by half in removing the hem of their garment from the Episcopal Church USA (TEC) and affiliating with the Anglican Church of Nigeria. In ruling against them today, the Virginia Supreme Court held…

What’s the best word for describing the Religious Left today? Judging by the three-day conference organized by Michael Lerner’s Network of Spiritual Progressives starting tomorrow in Washington, the most charitable one I can come up with is “ambivalent.” Entitled “Creating ‘The Caring Society’: A Progressive Alternative to Tea Party Extremism and Corporate domination of American…

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