Category Archives: constitutional litigation

Masterpiece Cakeshop: Crafting a Minimalist Decision

The Masterpiece Cakeshop case presents issues of free speech and free exercise of religion which are important, controversial, and divisive. Almost any decision on these issues will result in a public and academic outcry by whichever side fails to prevail. The court should … Continue reading

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Supreme Court Protects Free Speech in Two New Decisions

Speaking to a graduating class of Catholic seminarians in Philadelphia in May of this year, Justice Samuel Alito warned against growing incursions on the right of free speech, observing that “The idea that speech can be banned if it expresses … Continue reading

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Wedding Cake Wars: Anti-Discrimination Laws and Religious Liberty

Cake makers who have refused to design cakes for same sex weddings have been sued under public accommodations or other anti-discrimination laws and held financially liable to the couples who sued them in several jurisdictions, most notably in Colorado and … Continue reading

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My New Facebook History Publications Page

Friends: I have just opened a new Facebook page featuring my publications on American History. Please take a look on Facebook at Edward F. Mannino @ManninoHistory. This describes all my books, including the just-released Politics and American Business: The Growth … Continue reading

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Politics and American Business: Adversaries or Allies?

Are business and government allies or adversaries? What is the proper relationship between the two? These questions are important issues for the upcoming presidential, congressional, and state elections. They are also the subject of my new book, Politics and American Business: … Continue reading

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Whole Woman’s Health v. Hellerstedt and the Future of Abortion Restrictions

In Whole Woman’s Health v. Hellerstedt, No. 15-274 (June 27, 2016), the Supreme Court struck down two provisions of a Texas law relating to the regulation of abortion clinics in that state. Those provisions required, first, that abortion doctors have admitting privileges … Continue reading

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Supreme Court Declines to Hear Pharmacists’ Religious Exemption Claim

Regulations issued by the Washington State Board of Pharmacy require all pharmacists to provide emergency contraceptives, specifically mandating that no one may refuse to do so based on religious grounds. In Stormans, Inc. v. Wiesman, No. 15-862 (June 28, 2016), the … Continue reading

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Are There Limits to Birthright Citizenship?

In the recent political debates among the various candidates for the Republican nomination for the presidency, Donald Trump has raised the issue of whether there are limits on the individuals who are entitled to be afforded birthright citizenship. On that … Continue reading

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The Supreme Court and Same-Sex Marriage: An Analysis of the Three Opinions

Click on the link below for my summary and analysis of the opinions in Hollingsworth, Windsor, and Obergefell: Obergefell Summary and Analysis

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Obergefell and the Free Exercise of Religion: Some Initial Thoughts

In the considerable wake of the Supreme Court’s decision finding a constitutional right to same-sex marriage in Obergefell v. Hodges (June 26, 2015), people of faith have suggested  a number of different responses, many of which seem unwise to me. Here … Continue reading

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