Constitutional Law
The constitutional case for Utah Fits All
The Utah Education Association is challenging a state program that allows families in need to receive scholarships so their children can access educational resources outside the public school system. The Utah Supreme Court…
A New Year’s resolution worth keeping: Restoring the balance between states and Washington
A New Year’s resolution worth keeping: Restoring the balance between states and Washington Written by Federal promises are outpacing federal dollars, pushing costs onto states. “Guidance” from federal agencies often functions…
A New Year’s resolution worth keeping: Restoring the balance between states and Washington
A good New Year’s resolution for governments would be to renew their focus on the respective roles of state and national governments. Specifically, to return to the constitutional design of limiting federal lawmaking to the…
Why the Supreme Court should rein in lawfare against nonprofits
Why the Supreme Court should rein in lawfare against nonprofits Written by “Lawfare” is a term for using legal proceedings to harm a political opponent. The U.S. Supreme Court recently heard oral arguments in a case that…
Why the Supreme Court should rein in lawfare against nonprofits
One of the least attractive features of our current political atmosphere of polarization is the practice of “lawfare.” I’m not sure where this neologism originated, but it seems to have become trendy in the past few years.…
In redistricting dispute, don’t lose focus on the constitution
Originally published in Utah Policy. A court decision last week replacing the Utah Legislature’s congressional district map with one favored by interest groups has become a source of partisan wrangling. In responding to this…
In redistricting dispute, don’t lose focus on the constitution
In redistricting dispute, don’t lose focus on the constitution Written by Originally published in Utah Policy. A court decision last week replacing the Utah Legislature’s congressional district map with one favored by…
Who’s accountable when religious freedom is violated?
Who’s accountable when religious freedom is violated? Written by The U.S. Supreme Court heard oral arguments Monday in a case where a former prisoner, forcibly shaved in violation of his religious vows, seeks financial…
Who’s accountable when religious freedom is violated?
Is there a remedy for an egregious violation of constitutional rights? That’s a question the U.S. Supreme Court is being asked to address in the context of religious freedom. Oral arguments, held on Monday, suggest it may be…
Tariffs and the separation of powers
Can the president unilaterally impose tariffs on imports from other nations through executive orders? The U.S. Supreme Court heard arguments on this fundamental question this week. Though sometimes framed as a showdown on the…
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