Law Commons^™

Christian Witness, Moral Anthropology, And The Death Penalty, Richard W. Garnett

Richard W Garnett

In this essay, I consider - in the context of our ongoing debates about capital punishment - the question, what role ought religious beliefs play in a pluralistic democratic society that often presumes strict boundaries between matters of private faith and political life? I suggest, first, that we should resist the imposition of such strict boundaries between matters of private faith and political life and, second, that in the context of our public arguments about the death penalty, engaged Christians should not merely to baptize the policy analyses and preferences of abolitionist or other interest groups, but should instead propose …

Rick Garnett Quoted In The L.A. Times Article Single Mothers-To-Be And Gays Fight Firings From Catholic School Jobs On February 7, 2014, Richard Garnett

Richard W Garnett

Rick Garnett was also quoted in the L.A. Times article Single mothers-to-be and gays fight firings from Catholic school jobs on February 7. Rick Garnett, director of the church, state and society program at Notre Dame Law School, backed Haggarty’s assertion. "The Christa Dias case came out wrong, because all teachers -- whether they are teaching about religion or about computers -- can be expected by a Catholic school to model the values and support the mission of the school,” Garrnett told The Times. “To me, it’s no different than expecting the spokesperson for the Green Party to support the …

The Conscience Of A Judicial Conservative, Richard Garnett

Richard W Garnett

The Conscience of a Judicial Conservative – (Opinion: by Richard Garnett) The Wall Street Journal – October 23, 2012

The late Chief Justice William H. Rehnquist died in September 2005 after a full, consequential and in some ways controversial life. From modest and Midwestern circumstances, he distinguished himself in school, law practice and public service. He was confirmed to the Supreme Court during turbulent times and was for many years a powerful and prescient critic of what he saw as a too-liberal court's innovations and excesses.

Is Religious Freedom In America At Risk?" - Panelist At Institute For Law And Religion Debate By Univ San Diego School Of Law - October 31, 2012 (Itunes Video), Richard Garnett

Richard W Garnett

Is Religious Freedom in America at Risk?" - Panelist at Institute for Law and Religion Debate by USD School of Law - October 31, 2012 (iTunes video)

Individuals Institutions Religious Freedom Poster Individuals, Institutions And Religious Freedom, November 29, 2012, Richard W. Garnett

Richard W Garnett

The BOISI CENTER for RELIGION and AMERICAN PUBLIC LIFE lecture.

What Does Separation Of Church And State Mean? Guest On Pbs Constitution Usa With Peter Sagal. (Video), Richard Garnett

Richard W Garnett

Rick Garnett was a guest on What does separation of church and state mean? on PBS Constitution USA with Peter Sagal. (video clip)

Simple Justice: Kids Deserve School Choice – (Opinion: By Richard Garnett) Public Discourse – February 4, 2013, Richard Garnett

Richard W Garnett

Simple Justice: Kids Deserve School Choice – (Opinion: by Richard Garnett) Public Discourse – February 4, 2013

Who Gets Religious Exemptions And Why - (Guest) Npr Talk Of The Nation - February 21, 2013, Richard Garnett

Richard W Garnett

Who Gets Religious Exemptions And Why - (Guest) NPR Talk of the Nation - February 21, 2013

Under revised rules of the Affordable Care Act, religious groups can be exempt from paying their employees' insurance coverage for birth control. Religious exemptions are nearly as old as the nation and have been on the rise in recent decades.

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 Ap Article Protests At Abortion Clinics Back At High Court On January 15, Richard Garnett

Richard W Garnett

Rick Garnett quoted in AP article Protests at Abortion Clinics Back at High Court by MARK SHERMAN on January 15. Notre Dame law professor Richard Garnett, who filed a brief in the case on the protesters' side, said the Massachusetts law is even more restrictive than the Colorado law. Garnett said the court should have struck down the Colorado law, despite "the temptation to silence unwelcome expression." Garnett said free speech, not the right to an abortion, is at issue in the new case. The AFL-CIO, concerned about limits on picketing, also is calling for the law to be struck …

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 …

Religion, Division, And The First Amendment, Richard W. Garnett

Richard W Garnett

Nearly thirty-five years ago, in Lemon v. Kurtzman, Chief Justice Warren Burger declared that state programs or policies could excessive(ly) - and, therefore, unconstitutionally - entangle government and religion, not only by requiring or allowing intrusive public monitoring of religious institutions and activities, but also through what he called their divisive political potential. Chief Justice Burger asserted also, and more fundamentally, that political division along religious lines was one of the principal evils against which the First Amendment was intended to protect. And from this Hobbesian premise about the inten(t) animating the First Amendment, he proceeded on the assumption that …

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.

School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett

Richard W Garnett

No abstract provided.

Stop Parsing The Pope, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the National Catholic Reporter article by Michael Sean Winters " As mentioned last week, Notre Dame's Rick Garnett has said this, and he is to be applauded for saying it, but more than that, his example should be followed."

Jaycees Reconsidered: Judge Richard S. Arnold And The Freedom Of Association, Richard W. Garnett

Richard W Garnett

In Roberts v. United States Jaycees, the Supreme Court reversed Judge Richard S. Arnold's decision for the Court of Appeals and held­ - without dissent - that the First Amendment did not shield the Jaycees' men-only membership policy from the non-discrimination requirements of the Minnesota Human Rights Act. The claim in this essay is that Judge Arnold's position and decision in the Jaycees case deserved, and still deserve, more thoughtful and sympathetic treatment. Even some of Judge Arnold's many friends and fans tend to treat as something of an embarrassing lapse or anomalous error his conclusion in that case that, …

Religion And Group Rights: Are Churches (Just) Like The Boy Scouts?, Richard W. Garnett

Richard W Garnett

What role do religious communities, groups, and associations play - and, what role should they play - in our thinking and conversations about religious freedom and church-state relations? These and related questions - that is, questions about the rights and responsibilities of religious institutions - are timely, difficult, and important. And yet, they are often neglected.

It is not new to observe that American judicial decisions and public conversations about religious freedom tend to focus on matters of individuals' rights, beliefs, consciences, and practices. The special place, role, and freedoms of groups, associations, and institutions are often overlooked. However, if …