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

Rights, Powers, Duties, and Responsibilities: A Comment on the Language of Presidential Compliance with the Law

5/18/17  //  Commentary

No, the President cannot act for any reason. If President Trump fired Comey in an attempt to obstruct an investigation into the Russian connection, that too would constitute an impeachable offense and a federal crime.

Ira C. Lupu

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