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All Posts by Robert W. Tuttle

Little Sisters of the Poor v. Pennsylvania: The Misuse of Complicity

7/20/20  //  In-Depth Analysis

The Supreme Court majority's expanding concept of complicity is likely to result in judges acting inconsistently, accommodating sympathetic religious claimants and denying relief to those who are not

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The 2020 Ministerial Exception Cases: A Clarification, not a Revolution

7/8/20  //  Commentary

Despite legitimate controversy over the application of the ministerial exception, Morrissey-Berru is a reassuring nod toward the continuity of a principle long rooted in the American tradition of church-state separation.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Espinoza v. Montana Department of Revenue – Requiem for the Establishment Clause?

7/1/20  //  In-Depth Analysis

Those who still believe that the Constitution precludes state involvement in promoting religious thought and experience now have some work cut out for them

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Impeachment Trials and the Senator’s Oath of Impartial Justice

12/19/19  //  Commentary

Senators who vote on removal following impeachment trials must take an oath akin to that of a juror. The oath requires them to be impartial and vote regardless of the president's party affiliation. Will Senators do that here?

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The Bladensburg Cross Decision – A Twisted Cross and the Remaking of Establishment Clause Standards

6/24/19  //  In-Depth Analysis

The Court has adopted unreflectively the perspective of Christians in a political majority, without regard to the perspective of others

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

Wither the Establishment Clause: The Bladensburg Cross Case

2/24/19  //  In-Depth Analysis

The Bladensburg Cross case has our country on the verge of abandonment of longstanding and hard won principles about the secular character of American government. SCOTUS can and should step back from the brink.

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

Masterpiece Cakeshop– A Troublesome Application Of Free Exercise Principles By A Court Determined To Avoid Hard Questions

6/7/18  //  In-Depth Analysis

A system that threatens to overturn any administrative decision that appears tainted – even harmlessly – by signs of religious bias is one that will inevitably favor religious interests over other concerns

Robert W. Tuttle

George Washington University Law School

Ira C. Lupu

George Washington University Law School

The Debate Over Confederate Monuments

8/25/17  //  In-Depth Analysis

Why State Anti-Removal Laws are Oppressive and Unconstitutional

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Trinity Lutheran Church v. Comer: Dodging on the Playground

6/28/17  //  Commentary

The votes in this case mask very deep divisions on the Supreme Court about Religion Clause and federalism principles.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Deep Problems with the Proposed Executive Order on Religious Freedom

5/3/17  //  In-Depth Analysis

It's rumored that tomorrow, Trump will issue an executive order on "religious freedom," singling out for protection only traditional and conservative religious views on sex, marriage, sexual orientation, gender identity, and pregnancy. That order will most certainly raise grave constitutional issues under the Establishment Clause.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The Imperatives of Structure: The Travel Ban, the Establishment Clause, and Standing to Sue

4/3/17  //  In-Depth Analysis

In the Fourth Circuit travel ban appeal, DOJ contends that the plaintiffs lack standing. But a deeper examination of the Establishment Clause proves that the plaintiffs’ claims must be heard on the merits.

Ira C. Lupu

George Washington University Law School

Peter J. Smith

George Washington University Law School

Robert W. Tuttle

George Washington University Law School