One problem with public complaints about how the Justices making
various decisions are Catholics, and how about that surely influences their
views -- besides, of course, than Mark Graber's point that such influence is
pretty hard to show, given that their more general political id
awprof-boun...@lists.ucla.edu<mailto:conlawprof-boun...@lists.ucla.edu>
[mailto:conlawprof-boun...@lists.ucla.edu] On Behalf Of Eric J Segall
Sent: Friday, July 11, 2014 4:31 PM
To: Sisk, Gregory C.; 'Law & Religion issues for Law Academics'
Cc: 'conlawp...@lists.ucla.edu
Thanking Step Feldman for his mention, the empirical studies that Michael
Heise, Andrew Morriss, and I have conducted on religious liberty decisions in
the federal courts did indeed find that religion was an important factor on
Free Exercise decisions - but it tended to the religion of the claim
Cardozo wrote that sometimes he had trouble deciding cases then the answer
would just come to him while walking down the street - -and then he had to put
that insight into the legal framework we accept as proper. Surely the same is
true today on major cases and even in cases where the result is
cla.edu<mailto:conlawprof-boun...@lists.ucla.edu>
[conlawprof-boun...@lists.ucla.edu] on behalf of Levinson, Sanford V
[slevin...@law.utexas.edu]
Sent: Friday, July 11, 2014 3:02 PM
To: Law & Religion issues for Law Academics
Cc: CONLAWPROF
Subject: Re: Is Discussion of Justices' Religion
boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu]
on behalf of Finkelman, Paul [paul.finkel...@albanylaw.edu]
Sent: Friday, July 11, 2014 3:34 PM
To: Levinson, Sanford V; Law & Religion issues for Law Academics
Cc: CONLAWPROF
Subject: RE: Is Discussion of Justices' Religion "Off
as.edu]
Sent: Friday, July 11, 2014 3:02 PM
To: Law & Religion issues for Law Academics
Cc: CONLAWPROF
Subject: Re: Is Discussion of Justices' Religion "Off Limits"?
Paul is correct on all counts. I'd be even stronger in emphasizing that none of
the current justices has
ealt the day-to-day legal issues that most
Americans face?
From: "Levinson, Sanford V"
To: Law & Religion issues for Law Academics
Cc: CONLAWPROF
Sent: Friday, July 11, 2014 3:02 PM
Subject: Re: Is Discussion of Justices' Religion "Off Limit
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-Original Message-
From: Richard Friedman
To: Law & Religion issues for Law Academics
Cc: Patrick Wiseman ; conlawp...@lists.ucla.edu
Sent: Fri, Jul 11, 2014 3:04 pm
Subject: Re: Is Discussion of Justices' Religion "Off L
that most
Americans face?
From: "Levinson, Sanford V"
To: Law & Religion issues for Law Academics
Cc: CONLAWPROF
Sent: Friday, July 11, 2014 3:02 PM
Subject: Re: Is Discussion of Justices' Religion "Off Limits"?
Paul is
One problem with religion at present is that it is very, very, very unclear
whether religion is doing any work at all. Consider the obvious. The five
most religious Catholics on the court were appointed by conservative Republican
presidents. The three Jews and the least religious Catholic on
edu<mailto:conlawprof-boun...@lists.ucla.edu>
[conlawprof-boun...@lists.ucla.edu<mailto:conlawprof-boun...@lists.ucla.edu>]
on behalf of Richard Friedman [rdfrd...@umich.edu<mailto:rdfrd...@umich.edu>]
Sent: Friday, July 11, 2014 1:52 PM
To: Law & Religion issues for Law Academics
Cc:
Well, certainly recent Presidents have made some appointments of women in
large part because they were women. I don't think anybody is denying the
appropriateness of doing so. Is religion different in this respect? I
wonder. If it is to any degree, is it because we're less concerned about
under
What follows is that if a nominee, perhaps while running for elective office,
has put his/her religious identity front and center ("I'm a committed Christian
who always asks what would Jesus do") then it is legitimate to ask questions
about that in a way that does not violate the No Test Oath cl
Sandy's very provocative post is here:
http://balkin.blogspot.com/2014/07/the-elephant-in-room.html
As to which I would ask Sandy this:
As I read your post, the "elephant in the middle of the room" is that there
is an elephant in the middle of the room, and that the elephant makes
decisions on h
s.ucla.edu [conlawprof-boun...@lists.ucla.edu] on
behalf of Richard Friedman [rdfrd...@umich.edu]
Sent: Friday, July 11, 2014 1:52 PM
To: Law & Religion issues for Law Academics
Cc: CONLAWPROF
Subject: Re: Is Discussion of Justices' Religion "Off Limits"?
Well, one thing that might fo
Well, one thing that might follow is a discussion of the extent to which we
want the Supreme Court to be demographically representative of the nation.
In the early years of the Republic, there was a clear understanding that it
would be geographically representative -- one member from each Circuit.
If I might be so presumptuous as to shift the question somewhat:
*Of course* Justices' religion, and their experiences and learnings as
adherents of particular religions, affects their perspectives when they
decide cases, especially (but not limited to) cases involving religion
(e.g., Town of Gree
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