Smith Lives: The Politics of Free Exercise

6/12/18  //  Commentary

Will SCOTUS minimize its view of religious animus as applied to Muslims, despite having just magnified it as applied to conservative Christians?

Richard C. Schragger

UVA School of Law

The Costs of Conscience and the Trump Contraception Rules

3/6/18  //  Commentary

The Constitution prohibits the government from accommodating religious practices when doing so entails undue hardship to third parties

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

Richard C. Schragger

UVA School of Law

A Reprieve for Texas’s Sanctuary Cities

8/31/17  //  Commentary

Cities need to be recognized as constitutional actors in their own right, worthy of protection and capable of self-determination.

Richard C. Schragger

UVA School of Law

Trump’s Latest Affront To Women, and to the Constitution

6/2/17  //  In-Depth Analysis

A draft of the Trump Administration's revised contraception mandate has been leaked. If implemented, this policy would weaken civil rights for women. Moreover, the plan could violate the Establishment Clause by providing a religious accommodation for some private citizens only by shifting costs to others who may not share their beliefs.

Nelson Tebbe

Brooklyn Law School

Micah Schwartzman

University of Virginia School of Law

Richard C. Schragger

UVA School of Law

Mitch Landrieu and the Anti-Denigration Constitution

5/25/17  //  Commentary

Mitch Landrieu’s speech defending the removal of Confederate war monuments in the heart of New Orleans is an eloquent reminder that the Constitution forbids acts that subordinate or denigrate, whether in the context of religion, LGBT rights, or racial equality.

Richard C. Schragger

UVA School of Law

Micah Schwartzman

University of Virginia School of Law

Nelson Tebbe

Brooklyn Law School

A Legal Challenge to Trump's "Religious Liberty" Executive Order

5/5/17  //  Commentary

Yesterday, the Freedom from Religion Foundation (FFRF) filed a lawsuit against Donald Trump’s most recent Executive Order, “Promoting Free Speech and Religious Liberty.” While there has been muted reaction to Trump’s executive order, the FFRF complaint makes two important points that have been mostly unappreciated.

Richard C. Schragger

UVA School of Law

The Attack on American Cities

4/7/17  //  Commentary

Trump's anti-urban rhetoric has fanned the flames of a war by state governments against progressive cities. We see this in battles over sanctuary cities, LGBT rights, gun regulation, employee rights. The time has come for a campaign on behalf of city power.

Richard C. Schragger

UVA School of Law