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 In The New York Times Article Among Justices, Considering A Divide Not Of Gender Or Politics, But Of Beliefs , July 11, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in The New York Times article Among Justices, Considering a Divide Not of Gender or Politics, but of Beliefs on July 11.

Religious Freedom, Church-State Separation, & The Ministerial Exception, Carl H. Esbeck, Thomas C. Berg, Kimberlee Wood Colby, Richard W. Garnett

Richard W Garnett

The Hosanna-Tabor case concerns the separation of church and state, an arrangement that is often misunderstood but is nevertheless a critical dimension of the freedom of religion protected by the First Amendment to our Constitution. For nearly a thousand years, the tradition of Western constitutionalism - the project of protecting political freedom by marking boundaries to the power of government - has been assisted by the principled commitment to religious liberty and to church-state separation, correctly understood. A community that respects - as ours does - both the importance of, and the distinction between, the spheres of political and religious …

Freedom Of Religion And The Freedom Of The Church, Richard Garnett

Richard W Garnett

Rick Garnett posted a short essay called Freedom of Religion and the Freedom of the Church on the Liberty Law Forum on August 3, 2014. Liberty Forum is a platform for the discussion of the legal and philosophical principles that inform and govern a free people.

Rick Garnett Was Quoted In The South Bend Tribune Article What Do Recent Botched Executions Mean For Death Penalty? On August 31., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the South Bend Tribune article What do recent botched executions mean for death penalty? on August 31.

“As a result of this focus, some minds may change,” said Richard Garnett, a professor of law at the University of Notre Dame and an expert on capital punishment. “I think it’s still too soon to say if this will be the catalyst for a new abolition movement.”

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.

Accommodation, Establishment, And Freedom Of Religion, Richard W. Garnett

Richard W Garnett

This short essay engages the argument that it would violate the First Amendment’s Establishment Clause to exempt an ordinary, nonreligious, profit-seeking business – such as Hobby Lobby – from the Affordable Care Act’s contraceptive-coverage rules. In response to this argument, it is emphasized that the First Amendment not only permits but invites generous, religion-specific accommodations and exemptions and that the Court’s Smith decision does not teach otherwise. In addition, this essay proposes that laws and policies that promote and protect religious freedom should be seen as having a “secular purpose” and that because religious freedom, like clean air, is an …

Hesburgh Lecture: Faith, Politics, And The Constitution: Understanding The Separation Of Church And State, Richard Garnett

Richard W Garnett

Rick Garnett delivered Faith, Politics, and the Constitution: Understanding the Separation of Church and StateSeptember 19, 2014 Hesburgh Lecture Ares Auditorium The University of Arizona James E. Rogers College of Law Tucson, Arizona

Rick Garnett Was A Guest Speaker And Quoted In Several Media Sources On The Scotus Hobby Lobby Case Decision On July 1, Richard Garnett

Richard W Garnett

Rick Garnett was a guest speaker and quoted in several media sources on the Hobby Lobby decision. The Columbus Dispatch article Supreme Court rules in favor of Hobby Lobby in contraceptive case on July 1. NPR article High Court Allows Some Companies To Opt Out Of Contraceptives Mandate on July 1. On Point with Tom Ashbrook discussing A Win For Hobby Lobby, And What It Means on July 1. Obama, Congress Likely Face Tough Decision on Contraceptive Coverage Wall Street Journal Becket Fund makes its mark by testing limits of religious liberty Deseret News

Symposium: Religious Pluralism, Civic Unity, And The Judicial Role, Richard Garnett

Richard W Garnett

Rick Garnett posted, as a guest author, to the SCOTUSblog Special Feature: Legislative prayer symposium Legislative prayer symposium the article Symposium: Religious pluralism, civic unity, and the judicial role on May 8.

Rick Garnett Was Quoted In The Abc News In Supreme Court Upholds Prayer At Town Meetings On May 5., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the ABC News in Supreme Court Upholds Prayer at Town Meetings on May 5.

Rick Garnett Was Quoted In The Washington Post Article Experts Say Botched Execution In Oklahoma Is Unlikely To Bring Big Death-Penalty Changes On April 30., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Washington Post article Experts say botched execution in Oklahoma is unlikely to bring big death-penalty changes on April 30. “I’m skeptical that the courts would ever invalidate lethal injection as a general matter,’’ said Richard Garnett, a law professor at the University of Notre Dame who served as a clerk to William H. Rehnquist when he was chief justice of the United States. “I don’t think they’re going to intervene in such an aggressive way. They’ve been trying to intervene around the edges.’’

Quoted In The Christian Science Monitor Article And Video, "Botched Oklahoma Execution Shakes Even Death Penalty Supporters", Richard Garnett

Richard W Garnett

“I don’t expect that this one incident will be in itself the straw that breaks the camel’s back and leads to the abolition of the death penalty, but clearly it was deeply troubling, and clearly a lot of people are going to be troubled by it,” says Rick Garnett, a law professor at the University of Notre Dame.

“Most Americans who support the death penalty still believe that it needs to be administered in a way that’s humane, and that’s possible, but difficult, to do,” he adds. “The conversation about what we the people are going to do will be …

Rick Garnett Appeared On Abc World News With Diane Sawyer Prayer In America On May 5., Richard Garnett

Richard W Garnett

Rick Garnett appeared on ABC World News with Diane Sawyer Prayer in America on May 5.

Rick Garnett Was Quoted In The Cnn Article Oklahoma’S Botched Lethal Injection Marks New Front In Battle Over Executions On May 1., Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the CNN article Oklahoma’s botched lethal injection marks new front in battle over executions on May 1. The botched Oklahoma execution "will not only cause officials in that state to review carefully their execution procedures and methods, it will also almost prompt many Americans across the country to rethink the wisdom, and the morality, of capital punishment," said Richard W. Garnett, a former Supreme Court law clerk who now teaches criminal and constitutional law at the University of Notre Dame. "The Constitution allows capital punishment in some cases, and so the decision whether to use …

Rick Garnett Was Quoted In The Religion News Service Article Supreme Court Approves Sectarian Prayer At Public Meetings On May 5, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Religion News Service article Supreme Court approves sectarian prayer at public meetings on May 5. But University of Notre Dame law professor Richard W. Garnett, who specializes in church/state relations and religious freedom, called the decision correct and unsurprising. “What might be surprising, though, is that four justices dissented. It would have been a dramatic and controversial move … to rule that legislative prayers are necessarily unconstitutional,” Garnett said. Just because sectarian prayers are constitutional, Garnett said, doesn’t mean that policies like those of the town of Greece “are wise or welcoming.”

Rick Garnett Was Quoted In The Npr Story Prayers Before Town Hall Meetings Are Constitutional, High Court Finds On May 5, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the NPR story Prayers Before Town Hall Meetings Are Constitutional, High Court Finds on May 5.

University of Notre Dame Professor of Law and religious freedom expert Richard W. Garnett says that today's decision doesn't change the way this kind of prayer has been viewed historically. "It would have been a dramatic and controversial move — a move that the [Obama] Administration, among others, argued against — to rule that legislative prayers are necessarily unconstitutional," Garnett tells us in an email. "And, none of the Justices endorsed such a departure from past practices and rulings. …

Rick Garnett Was Quoted In • The Columbus Dispatch, Obamacare, Religion Are Focus Of Arguments Today Before Justices, March 25, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in The Columbus Dispatch, Obamacare, religion are focus of arguments today before justices, March 25

“In the real world, the number of corporations able to invoke (a religious exemption) is especially small,” said Richard Garnett, a professor of law at the University of Notre Dame.

Rick Garnett Was Quoted In • National Catholic Register, Hobby Lobby Has Its Day In Court March 26, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in National Catholic Register, Hobby Lobby Has Its Day in Court March 26

Rick Garnett Was Quoted In The Religion News Service Article Does Hobby Lobby Have Religious Rights? The Supreme Court Will Decide, March 18, 2014, Richard Garnett

Richard W Garnett

On March 18, Rick Garnett was quoted in the Religion News Service article Does Hobby Lobby have religious rights? The Supreme Court will decide. Notre Dame Law School professor Rick Garnett, who writes about religious freedom, said the court may well agree that corporations have religious rights, but he also suggests that such an outcome won’t be as momentous as many assume. “It doesn’t mean every single business is going to be invoking RFRA to get out of regulations it doesn’t like,” he said.

Rick Garnett Was In 3 Questions Facing The Supreme Court In Contraception Case Via Abc News On March 20, 2014, Richard Garnett

Richard W Garnett

Rick Garnett was in 3 Questions Facing the Supreme Court in Contraception Case via ABC News on March 20.

Hesburgh Lecture Series: "Faith, Politics And The Constitution", Richard W. Garnett

Richard W Garnett

Professor Rick Garnett will deliver the Hesburgh Lecture Series "Faith, Politics and the Constitution" March 10, 2014 at 7 pm University of Montana School of Law ~ Castles Center Presented by: University of Montana School of Law and University of Notre Dame

Rick Garnett Was Quoted In The New York Times Article Contraception Ruling Could Have Reach Far Beyond Women’S Rights On March 24, 2014, Richard Garnett

Richard W Garnett

Rick was quoted in the New York Times article Contraception Ruling Could Have Reach Far Beyond Women’s Rights on March 24. Richard W. Garnett, a law professor at Notre Dame who filed a brief on the other side, said that overstated matters. “The prediction that a win for Hobby Lobby — a case that is not at all about discrimination or denial of service and instead is about deeply held views regarding the sanctity of life — would be a serious setback for gay rights is, in my view, unfounded,” he 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.

Rick Garnett Authored An Op-Ed Article "Solidarity, Not A Scolding" In The National Review Online On February 5, 2014, Richard Garnett

Richard W Garnett

Rick Garnett authored an op-ed article "Solidarity, Not a Scolding" in the National Review Online on February 5.

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.