It is so easy to characterise the recent Supreme Court decision in Roman Catholic Diocese of Brooklyn v. Cuomo as the work of 5 judicial extremists. However, a good reason to shirk simplistic commentary came when a French court this week embraced very similar arguments. And not just any court – but the Conseil d’Etat, … Continue reading Religious liberty and Covid 19: The US Supreme Court and the French Conseil d’Etat.
Reading Bostock v Clayton County, one could be forgiven for thinking Justice Antonin Scalia was still a member of the United States Supreme Court. Monday’s decision, ruling that an employer who fires an individual merely for being gay or transgender impermissibly relies on "sex" within the meaning of Title VII, will doubtless have far-reaching consequences … Continue reading Bostock v Clayton County: a debate among “Scaliaphiles”?
Since the court decided Baze v Rees in 2008, successive cases have cladded that plurality opinion with additional authority. Building on the 2015 decision in Glossip v Gross, on Monday the court in Bucklew v Precythe once again took the opportunity to reaffirm Baze. However, Justice Neil Gorsuch's majority opinion is noteworthy because it does not just fortify … Continue reading “Super-adding” to Baze: The decision in Bucklew v Precythe.
Another 'gay cake' controversy was settled this week, and with it the opinions issued in Masterpiece Cakeshop received predictable, but no less prestigious, citations from the United Kingdom Supreme Court in its judgment given in Lee v Asher Baking Company Ltd and ors. Like the Supreme Court of the United States, the court in London … Continue reading Masterpiece Cakeshop – a British post-script
It is too easy to say after the fact, but as I read Justice Kennedy’s final concurrences in National Institute of Family and Life Advocates (NIFLA) v Becerra and Trump v Hawaii, I sensed the end. They were legal love letters addressed to the American people he cherished so much - and also to the … Continue reading A panegyric to Anthony Kennedy
Cake is not often the cause of constitutional controversies. Yet, the US Supreme Court and the UK Supreme Court are – as we write – resolving cases where mere cake purchases have pitted causes of conscience against rights of public accommodation. And the two cases are not just interesting in their substance, for they have … Continue reading Let them (not) eat cake
It’s only May, and it’s been a great year for Sandra Ikuta already. Indeed, her homework is getting top marks from the teacher’s desk. There’s probably only one sweeter feeling for lower court judges than getting affirmed by the Supreme Court, and that’s authoring a (rather spicy) dissent to a judgement later reversed. And a … Continue reading Sandra Strikes Again: Sandra Ikuta’s recent winning streak at the Supreme Court