Neil Gorsuch Will Likely Restore Religious Freedom to Its Rightful Place

March 21 2017

The Senate confirmation hearings for Judge Gorsuch, nominated to join the Supreme Court, began yesterday. In Nathan Diament’s opinion, Gorsuch understands the First Amendment’s protection of religious liberty expansively, in a way that the late Antonin Scalia—whom he was chosen to replace—did not:

In 1990, Scalia severely curtailed the First Amendment’s protection for the free exercise of religion. . . . At the time, Supreme Court precedents held that [certain state encroachments on religious freedom would be held to] the highest standard of constitutional proof, known as strict scrutiny. . . . A divided court overturned those precedents. Justice Scalia, writing for a five-justice majority, held that a person’s right to the free exercise of religion would receive a lower level of legal protection when the law in question doesn’t specifically target religion. . . .

Samuel Alito, appointed to the high court in 2006, was the first of the newer justices who had a record of disagreeing with [this particular opinion of Scalia’s]. Judge Gorsuch would be another. He appears to be sensitive to the needs of religious minorities and the role faith plays in people’s lives. . . .

[As a judge on the Tenth Circuit Court of Appeals], Gorsuch wrote a separate opinion in Hobby Lobby, [a much-publicized 2013 case regarding the Affordable Care Act’s “contraceptive mandate”], arguing that the Religious Freedom Restoration Act “doesn’t just apply to protect popular religious beliefs: it does perhaps its most important work in protecting unpopular religious beliefs, vindicating this nation’s long-held aspiration to serve as a refuge of religious tolerance.” . . .

What comes through in [Gorsuch’s] opinions is a recognition that seems to have eluded Scalia in 1990: the law is meant to be a bulwark against infringement—whether by government or other powerful entities—upon a person’s religious conscience and practices. It is not enough to allow Americans to believe as they wish; they must also be able, generally, to act in conformity with their beliefs.

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Read more at Orthodox Union

More about: First Amendment, Freedom of Religion, Politics & Current Affairs, RFRA, Supreme Court, U.S. Constitution

 

The American Jewish Establishment Has Failed to Grapple with the Threat of Anti-Semitism

Feb. 17 2020

When the White House released its plan for the creation of a Palestinian state that also gives due consideration to Israeli security, writes Seth Mandel, a number of major Jewish organizations rushed to condemn it. The self-styled “pro-Israel, pro-peace” group J Street lambasted the plan for being too pro-Israel, as did the Israel Policy Forum—founded in the 1990s at the behest of Yitzḥak Rabin. Even the American Israel Public Affairs Committee (AIPAC) responded equivocally. To Mandel, this attitude is only a symptom of a deeper problem:

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Read more at Commentary

More about: ADL, AIPAC, American Jewry, Anti-Semitism