Using the Equal-Protection Clause in the Service of Religious Freedom

In a case soon to be considered by the U.S. Supreme Court, the state of Missouri denied a church preschool a grant to transform discarded rubber tires into a safe surface for its playground—because the state constitution forbids giving public funds to religious institutions. Terry Eastland explains the case’s significance:

The church is making three claims: one under the First Amendment’s establishment clause, a second under its free-exercise clause, and a third under the Fourteenth Amendment’s equal-protection clause. It is the equal-protection argument that is most interesting. . . . [In an amicus brief], the Pacific Legal Foundation . . . argues that, while equal-protection cases “most commonly address discrimination on the basis of race,” the Supreme Court’s equal-protection decisions “reflect the view that differential treatment on the basis of religion is just as intolerable.” . . .

The foundation says that Missouri violated the U.S. Constitution by excluding [the church playground] from its Scrap Tire Program on the basis of religion. Treating people differently on the basis of race is subject to “strict scrutiny,” the Supreme Court’s “most stringent standard of review.” The Pacific Legal Foundation argues that “strict scrutiny is just as appropriate” when classifications based on religion are under review. . . .

By taking seriously unequal treatment on the basis of religion, the Pacific Legal Foundation has offered an understanding of equal protection and what it entails that is worthy of the Court’s attention.

Read more at Weekly Standard

More about: church and state, Constitution, Religion & Holidays, Religious Freedom, Supreme Court

Hizballah Is Learning Israel’s Weak Spots

On Tuesday, a Hizballah drone attack injured three people in northern Israel. The next day, another attack, targeting an IDF base, injured eighteen people, six of them seriously, in Arab al-Amshe, also in the north. This second attack involved the simultaneous use of drones carrying explosives and guided antitank missiles. In both cases, the defensive systems that performed so successfully last weekend failed to stop the drones and missiles. Ron Ben-Yishai has a straightforward explanation as to why: the Lebanon-backed terrorist group is getting better at evading Israel defenses. He explains the three basis systems used to pilot these unmanned aircraft, and their practical effects:

These systems allow drones to act similarly to fighter jets, using “dead zones”—areas not visible to radar or other optical detection—to approach targets. They fly low initially, then ascend just before crashing and detonating on the target. The terrain of southern Lebanon is particularly conducive to such attacks.

But this requires skills that the terror group has honed over months of fighting against Israel. The latest attacks involved a large drone capable of carrying over 50 kg (110 lbs.) of explosives. The terrorists have likely analyzed Israel’s alert and interception systems, recognizing that shooting down their drones requires early detection to allow sufficient time for launching interceptors.

The IDF tries to detect any incoming drones on its radar, as it had done prior to the war. Despite Hizballah’s learning curve, the IDF’s technological edge offers an advantage. However, the military must recognize that any measure it takes is quickly observed and analyzed, and even the most effective defenses can be incomplete. The terrain near the Lebanon-Israel border continues to pose a challenge, necessitating technological solutions and significant financial investment.

Read more at Ynet

More about: Hizballah, Iron Dome, Israeli Security