Little Sisters 2: Vacated and Remanded
The Supreme Court has released two more religious liberty rulings into the world. Our Lady of Guadalupe School v. Morrissey Berru ended up being a blow to employment discrimination laws in favor of First Amendment religious liberty concerns. In Little Sisters of the Poor, the Court upheld a regulation allowing employers with religious objections to ignore the Affordable Care Act's birth control mandate.
David and Sarah take a closer look at both cases, and on the battle between religious liberty and gay rights, David shares his theory on the emerging pattern from the Supreme Court.
Show Notes:
-Monmouth poll on Trump’s slim reelection chances.
-Our Lady of Guadalupe School v. Morrissey Berru SCOTUS opinion, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission case from 2012, Utah compromise, Obergefell v. Hodges, fairness for all law, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Bostock v. Clayton County.
-Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania ruling.
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Thanks for putting this out so quickly! "The people were demanding it!" Honestly, it is so helpful to hear these opinions analyzed as they come out. And as an added bonus, it was released before my run last night. Keep up the great work!
A bit of (hopefully) constructive feedback... As a non-lawyer, for whom this is my sole source of supreme court news, I love the deep technical analysis. But sometimes it goes by too fast. For example, it felt like we dove right into the concurrences and dissents without saying what the actual decision was. Similarly, the summary of the history of Little Sisters left me not actually understanding which part was being decided this time around (the exemption or the accomodation). Another problem is getting a deluge of jargon at once. Even when the jargon has been explained in a previous episode, I sometimes forget. It'd be great if there were short-hands ala the Economist (e.g. every time they write OECD they say "a club of rich countries.") Every time you say severability you could say "aka the supreme court removing congressional warts". Avoiding covering a large number of cases in one show would also help. Regardless, thank you so much, this has quickly become one of my favorite podcasts so please keep up the good work!