Law Commons^™

Rick Garnett Was Quoted In The National Catholic Reporter Article While House Redistricting May Keep Gop In Place, Real Battle Is Within The Party On October 13., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the National Catholic Reporter article While House redistricting may keep GOP in place, real battle is within the party on October 13.

Rick Garnett Was Quoted By The Associated Press Article "Justices' New Term Has Expectations On Gay Unions" On October 5, Richard Garnett

Richard W Garnett

Rick Garnett was quoted by the Associated Press article "Justices' new term has expectations on gay unions" on October 5. Last term, the court bitterly divided over the religious rights of family-owned corporations that objected to paying for women’s contraceptives under President Barack Obama’s health care law. This case appears likely to unite the court, said University of Notre Dame law professor Richard Garnett. “I think there’s every reason to expect agreement among the justices that Arkansas hasn’t even come close to satisfying the burden,” Garnett said.

What Is The Mission Of The Catholic Law School?, Richard Garnett

Richard W Garnett

Article "What is the Mission of the Catholic Law School?" by Rick Garnett in the Irish Rover. The article is part of a talk given by Prof. Garnett.

Is Anthony Kennedy 'The First Gay Justice'? (Quotes: Richard Garnett) Cnn - June 28, 2013, Richard Garnett

Richard W Garnett

Is Anthony Kennedy 'the first gay justice'? (Quotes: Richard Garnett) CNN article by Bill Mears, June 28, 2013 "Although Justice Kennedy's opinion explicitly states that it is confined to same-sex marriages that have been recognized by states, it contains reasoning and language that will certainly be used, in later cases, to argue that legal recognition of same-sex marriage by all states is constitutionally required," said University of Notre Dame law professor Richard W. Garnett, a past clerk to former Chief Justice William H. Rehnquist. "Almost certainly, and fairly soon, that argument will be presented squarely to the court."

A Conservative Supreme Court Swerves To Avoid Easy Definition (Quotes: Richard Garnett) Washington Post, June 27, 2013, Richard Garnett

Richard W Garnett

A conservative Supreme Court swerves to avoid easy definition (Quotes: Richard Garnett) Washington Post article by Robert Barnes, June 27, 2013 This year was Kennedy’s term, partly because he is more moderate than his colleagues on both the left and the right, but also because he holds “a combination of views that are idiosyncratic,” said Richard Garnett, a Notre Dame law professor. They include a strong belief in state’s rights, an aversion to racial classifications and a somewhat libertarian view on issues of privacy, Garnett said. Kennedy has written the court’s most important gay rights decisions. That jurisprudence fit perfectly …

Supreme Court Extends Gay-Marriage Rights With Two Rulings (Quotes: Richard Garnett) Npr, June 26, 2013, Richard Garnett

Richard W Garnett

Supreme Court Extends Gay-Marriage Rights With Two Rulings (Quotes: Richard Garnett) NPR, June 26, 2013 When the issue finally does come back to the high court, there is little doubt that the language in the DOMA case about equality and discrimination will help frame the issue, observes Richard Garnett of Notre Dame Law School. "A lot of that language is going to be really helpful to people who are challenging traditional marriage laws," he says.

Op-Ed: Worth Worrying About? Same-Sex Marriage & Religious Freedom - Commonweal, July 17, 2013, Richard Garnett

Richard W Garnett

Op-ed: Worth Worrying About? Same-Sex Marriage & Religious Freedom in Commonweal The late-June release of the Supreme Court’s more controversial or culturally salient decisions has become a major media event—like the Oscars, or the election-day tallying of the midnight ballots from Dixville Notch. Refreshing, if archaic, rules prohibiting cameras and live broadcasting from the Court cause tens of thousands to glue themselves to celebrity law-reporters’ Twitter feeds and the SCOTUSBlog webcast.

A New Plot To Change The Pledge - (Quotes: Richard Garnett) The American Prospect, September 9, 2013, Richard Garnett

Richard W Garnett

A New Plot to Change the Pledge - (Quotes: Richard Garnett) The American Prospect by Amelia Thomson-DeVeaux. “I thought, wow, we haven’t seen that much bipartisanship in 50 years,” says Rick Garnett, a professor of law and political science at Notre Dame University. “It’s early to say, of course, but it’s hard to imagine that Congress wouldn’t respond somehow—with a law that in order to get federal education funding, the states would have to do the Pledge, maybe.”

Rick Garnett Quoted In The La Times Article Supreme Court Halts Utah Gay Marriages, Signaling Cautious Approach On January 6., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the LA Times article Supreme Court halts Utah gay marriages, signaling cautious approach on January 6. "The trial court's ruling in Utah goes further than the court has gone so far, and so it is not surprising that the justices — without comment or dissent — put that ruling on hold, pending further review," said Notre Dame law professor Richard Garnett. He noted that the court often gave states the benefit of the doubt when they appealed. http://www.latimes.com/nation/la-na-court-gay-marriage-20140107,0,1829277.story#ixzz2potHepBw

Rick Garnett Quoted In New Yort Times Article Indiana Finds It's Not So Easy To Buck Gay Marriage Trend On December 24., Richard Garnett

Richard W Garnett

Rick Garnett quoted in New Yort Times article Indiana Finds It's Not So Easy to Buck Gay Marriage Trend MONICA DAVEY on December 24.

“These decisions that are coming down, they don’t have binding authority in Indiana,” said Richard Garnett, a professor at Notre Dame Law School. “But this is something that is definitely being contested.”

Rick Garnett Publishes Op-Ed Piece In La Times "The Righteousness In Hobby Lobby's Cause", Richard Garnett

Richard W Garnett

Rick Garnett's op-ed in LA Times on the HHS mandate and religious liberty cases before the Supreme Court.

Rick Garnett Was Quoted In Npr Article "Aclu Sues, Claiming Catholic Hospitals Put Women At Risk.", Richard Garnett

Richard W Garnett

Rick Garnett was quoted in NPR article "ACLU Sues, Claiming Catholic Hospitals Put Women At Risk" by Julie Rovner. "Yeah, this is a novel case," says , a law professor at the University of Notre Dame. While there's nothing new about suing doctors or hospitals, Catholic or not, Garnett says, "to sort of claim that it is negligence for the bishops to be issuing directives reminding Catholic hospitals what the church's teachings are with respect to things like abortion and sterilization are, that is a stretch." And he wonders what future if any such lawsuits against the church may have. …

Rick Garnett Quoted In Washington Post Article "Court Confronts Religious Rights Of Corporations", Richard Garnett

Richard W Garnett

Rick Garnett quoted in Washington Post article "Court Confronts Religious Rights of Corporations" by ADAM LIPTAK. “This is a perfect storm,” said Richard Garnett, a law professor at Notre Dame, adding that it is also a worrisome one. “Debates about campaign finance in Citizens United and abortion and Obamacare,” he said, “could distort the court’s analysis of religious freedom.”

Rick Garnett Quoted In Ncr Article "Supreme Court Takes Up Contraceptive Mandate, Will Rule On Religious Rights Of Corporations", Richard Garnett

Richard W Garnett

Rick Garnett quoted in NCR article by David Gibson "Supreme Court takes up contraceptive mandate, will rule on religious rights of corporations" on November 26, 2013. Given the polemics, Notre Dame law professor Richard Garnett said he worries "that what I regard as accidental aspects of the case -- the Citizens United debate, the 'war on women' rhetoric from the last election, the controversies about (health care reform) -- will distract the court from the more specific legal question presented, which has to do, again, with the interpretation of a particular, and an important, federal statute."

Top Court Won't Block Town Prayers, Richard Garnett

Richard W Garnett

Contribution to CNN Opinion by Rick Garnett. Richard Garnett says predicting court decisions is risky, but the odds are the court won't overturn public meeting prayers.

Board Meeting Prayer Bound For Supreme Court In Church-State Case, Richard Garnett

Richard W Garnett

ABC News quoted Rick Garnett in the article by Ariane de Vogue. Richard Garnett, an expert on church-state issues at the Notre Dame Law School says, “At the heart of this new case is whether the court should stick with a relatively bright-line rule that treats legislative prayers as presumptively permissible, given their long use in our country, or whether the court should move to more of an all-things-considered inquiry that treats such prayers like Christmas displays and the like.”

Garnett On The Constitutionality Of Legislative Prayer (Audio), Richard W. Garnett

Richard W Garnett

Bloomberg Law Podcast Host June Grasso examines the major legal issues affecting business. Professor Richard Garnett of Notre Dame Law School discusses an upcoming Supreme Court case on whether prayer at the start of town meetings violates the Establishment Clause of the First Amendment to the U.S. Constitution. He talks with June Grasso on Bloomberg Radio's "Bloomberg Law."

Legislative Prayer Gets Supreme Court Review, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Associated Press article by MARK SHERMAN

The article was also published in

Wall Street Journal, Businessweek, NPR. NBC News, Fox News, Yahoo! News

Richard Garnett, a University of Notre Dame law professor and former Supreme Court clerk, said it is likely that the court will reverse the appeals court and that a narrow ruling of the sort sought by the administration could cause some liberal justices to join their conservative colleagues.

But because the case can be resolved narrowly, Garnett said it probably is not one the justices will use to order judges to …

Supreme Court To Hear New Case On Religion In Public Life, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Washington Post article.

Against this “messy” backdrop, said Richard Garnett, a law professor at Notre Dame, the court’s view on legislative prayer “is actually one of the clearer areas in the court’s Establishment Clause” jurisprudence.