Written by Don Byrd
These are not normal times at the United States Supreme Court. Not only are there only eight sitting justices; the polarized political climate in our country seems increasingly reflected in the Court’s statements and actions. Nowhere is this more evident than in the court’s recent remarks surrounding religious liberty.
In the latest issue of the Baptist Joint Committee’s Report From the Capital, BJC General Counsel Holly Hollman writes about 4-4 ties, the uncommon written dissents from the Court’s denial of cases, and the rise in divisive judicial rhetoric surrounding religious liberty issues.
Here is an excerpt from her insightful column:
[D]issents from denials are noteworthy not only for their rarity but also for their dire language. In the prisoner case, Justice Alito expressed “disappointment” and bemoaned “the Court’s indifference to this discriminatory infringement of religious liberty.” In the pharmacy case, his dissent (which Chief Justice John Roberts and Justice Clarence Thomas joined) was even starker in tone. Describing the case as “an ominous sign,” the dissent garnered headlines and attention beyond the usual circle of court-watchers.
This rhetoric appears to reflect not only frustration with the Court’s denials and division, but also intense anxiety about religious liberty law in the U.S. when it comes to the hotly debated conflicts over religious objections relating to contraceptives. As a recent Pew Forum poll indicates, the public is deeply divided over claims of conscience that threaten to affect the rights of others to access goods and services, particularly in the commercial context.
Read the whole thing.
