When Justice Kennedy reigned supreme, advocates on both sides had to frame arguments to appeal to the swing vote's proclivities. Mix a little federalism, sprinkle some dignity, balance everything out, ...

In Ricks v. Idaho State Contractors Board, the Supreme Court has an excellent opportunity to do what four justices recently expressed an interest in doing: “revisit” Employment Division v. Smith. An ...

It is generally known that the religious right promoted those recently passed anti-abortion laws in several states not only because it agreed with them, but because it hoped that at least one would ...

My amicus brief in Fulton v. City of Philadelphia, which argues that the Court was right in Employment Division v. Smith when it said the Free Exercise Clause is a nondiscrimination provision, ...

It’s often hard to know, at the end of a U.S. Supreme Court term, what was most important about it. On the list for the current term may well be two decisions under the First Amendment’s Free Exercise ...