An Interesting Amicus Brief

Were states correct when they forced electors to vote according to the popular vote in those states?  Here are the arguments for elector discretion.

 

http://reason.com/volokh/2018/07/02/presidential-electors-can-vote-with-disc

Religious Freedom Under Attack

A week or two ago, we briefly discussed the future of religious freedom in the Supreme Court, with Mark posing a question about how the Court would deal with laws against polygamy, if such a case came up. In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the issue is the existence and scope of the “ministerial exception” recognized by all federal courts of appeal to protect religious organizations from employment-related lawsuits. The Obama Administration has taken the position in its brief filed on behalf of the EEOC (see Brief of Federal Respondents at the link) that there is no ministerial exception under the Constitution, and, as a fall-back position, that if there is such an exception it should be limited to persons “who perform exclusively religious functions” (emphasis added).

This case and the position of the Obama Administration may have sweeping significance to the future religious freedom. Who, if anyone, has “exclusively” religious functions? As some have pointed out, the Pope probably does not even meet this test. If there is no ministerial exception at all, then haven’t we opened the floodgates to lawsuits against churches and other religious organizations, and forever entangled the courts in their affairs? And, stepping back, consider how the ever-expanding reach and proliferation of federal regulation itself creates these conflicts and entanglements. The more the government regulates, the more conflicts with religious freedom it creates.

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