The James Wilson Foundation on Natural Rights and the American Founding

Articles tagged as Employment Division v. Smith

• “The Smith Case, Religious Freedom, and Originalism” — Christopher Wolfe in Public Discourse

  by James Wilson Institute on February 10, 2022
  Responding to the Fulton decision, Christopher Wolfe argues that conservative judges who wish to uphold originalism should not overturn Smith. Some excerpts: “The Smith opinion was written by Justice Antonin Scalia, the greatest twentieth-century Supreme Court originalist—maybe the ‘re-founder’ of originalism on the Court. It is surprising, and perhaps ominous, that the newly ‘conservative’ Court in 2021 […]

• “Conservatives After Fulton: Time for a New Path”: Hadley Arkes in Anchoring Truths

  by James Wilson Institute on June 28, 2021
  In an exclusive essay for JWI’s newest publication, Anchoring Truths, JWI Founder and Director Hadley Arkes offered some reflections on the recent Supreme Court ruling in Fulton v. Philadelphia. He describes the conservative frustration with the ruling Employment Division v. Smith (1990) but suggests that their ire with the holding is misplaced. Given that the […]

• Fulton and the Future of Religious Liberty – Prof. Gerard V. Bradley at First Things

  by James Wilson Institute on June 18, 2021
  After being cited twice yesterday in the Court’s much anticipated ruling on religious liberty, JWI Trustee and Senior Scholar Gerard V. Bradley declares that “Fulton v. Philadelphia is a remarkable case indeed.” Professor Bradley outlines where the Court currently stands on the controversial 1990 ruling in Employment Division, Department of Human Resources of Oregon v. Smith. […]