The Court’s Unanimous Ruling on Religious Liberty Conceals Substantive Divides

On Monday, the Supreme Court unanimously ruled that, as the editors of the New York Sun put it, “a Christian group may no longer be excluded from occasionally flying its banner on a municipal flagpole outside Boston’s city hall.” But the majority opinion, written by Justice Stephen Breyer, seems unlikely to be the last word on questions relating to religious expression in public institutions.

Concurrences by three conservative justices make clear that the Court is far from united on the issue.

Justice Breyer’s opinion centers on the point that when “government encourages diverse expression,” or creates “a forum for debate” it cannot, under the First Amendment, discriminate “against speakers based on their viewpoint.”

To Justice Breyer, Boston’s city flagpoles are a forum. That finding contrasts with Boston’s view that the banners it permitted to wave on the municipal flagpole “reflect particular city-approved values or views.” While Justice Breyer observed that “may well be true of the Pride Flag raised annually to commemorate Boston Pride Week,” he found it “more difficult to discern a connection to the city” when a local bank, the Metro Credit Union, also held a flag-raising at city hall.

In the Boston opinion, Justice Breyer’s equanimity over the cause of religious freedom is plain. Boston’s “lack of meaningful involvement in the selection of flags” or their messages “leads us to classify the flag raisings as private, not government, speech,” he wrote, yet “nothing prevents Boston from changing its policies going forward.” How is that not an invitation to defy the court’s ruling?

Read more at New York Sun

More about: First Amendment, Freedom of Religion, Supreme Court

Oil Is Iran’s Weak Spot. Israel Should Exploit It

Israel will likely respond directly against Iran after yesterday’s attack, and has made known that it will calibrate its retaliation based not on the extent of the damage, but on the scale of the attack. The specifics are anyone’s guess, but Edward Luttwak has a suggestion, put forth in an article published just hours before the missile barrage: cut off Tehran’s ability to send money and arms to Shiite Arab militias.

In practice, most of this cash comes from a single source: oil. . . . In other words, the flow of dollars that sustains Israel’s enemies, and which has caused so much trouble to Western interests from the Syrian desert to the Red Sea, emanates almost entirely from the oil loaded onto tankers at the export terminal on Khark Island, a speck of land about 25 kilometers off Iran’s southern coast. Benjamin Netanyahu warned in his recent speech to the UN General Assembly that Israel’s “long arm” can reach them too. Indeed, Khark’s location in the Persian Gulf is relatively close. At 1,516 kilometers from Israel’s main airbase, it’s far closer than the Houthis’ main oil import terminal at Hodeida in Yemen—a place that was destroyed by Israeli jets in July, and attacked again [on Sunday].

Read more at UnHerd

More about: Iran, Israeli Security, Oil