Editor’s note: This is a modified version of Michael Greve’s comments he delivered on a panel called “Public Interest Litigation in the Modern Era” at the Federalist Society’s 2017 Annual Lawyers Convention in Washington, D.C.
I used to be in the public interest litigation business, back in the premodern era. My comments here briefly summarize an outsider’s observations on what I think has changed in public interest law and what its role should be in the future of conservative-libertarian politics.
Last week, on January 16, America marked Religious Freedom Day. The day commemorates enactment of the Virginia Statute for Religious Freedom of 1786, a precursor of the First Amendment. Written by Thomas Jefferson, the Virginia statute disestablished religion in the commonwealth—“no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever”—and prohibited civil penalties for the expression of religious belief—“all men shall be free to profess, and by argument to maintain, their opinion in matters of religion.” Jefferson saw the statute as one of his three great accomplishments; along with the Declaration of Independence and the founding of the University of Virginia, he directed that it be noted on his tombstone.
For most American Christians, Christmas has come and gone. True, some sticklers will keep their trees up until Epiphany, but, for most of us, the routine of daily life has resumed. For most Mideast Christians, though, the holiday is just beginning. Armenian Apostolic Christians will celebrate Christmas, according to ancient custom, on January 6. In Egypt, Coptic Christians, the largest Christian communion in the Mideast, numbering perhaps 12 million, will celebrate on January 7, as will Orthodox Christians in Bethlehem itself. (Mideast Catholics celebrated on December 25, along with their Western counterparts). The traditional processions are scheduled for Manger Square.
For Christians, Christmas is a joyous time. But, for most Mideast Christians this year, the holiday is an uneasy one.
“If you want to understand why evangelicals could vote for someone of Trump’s morals,” Megan McArdle suggested, read Harvard Law professor Mark Tushnet’s “Abandoning Defensive Crouch Liberal Constitutionalism.”
As it does every year, a new Supreme Court term has begun in Washington. This time, however, the Court’s composition is a bit unusual. At the moment, the Court has only eight members; a successor for the late Justice Antonin Scalia, who passed away in February, has not yet been appointed. But the Court’s composition is unusual for another reason, too: the religious backgrounds of the justices.
California Senate Bill 1146 (SB 1146) created an earthquake of controversy.
On the day before the Pearl Harbor anniversary (which he did not reference), President Obama admitted that “Our nation has been at war with terrorists since Al Qaeda killed nearly 3,000 Americans on 9/11,” including horrors that his Administration previously dismissed as workplace violence. While much of what he said seemed to deny the reality of war, the last fourth of the speech raises the key question of what Muslims owe the rest of the world in this time of war.
This is the second part of a three-part summary of a speech that I gave last weekend at the 2015 National Lawyers Convention of the Federalist Society. The first part focuses on how commerce encourages civic virtue. The second continues by discussing how limited government aids civic culture and how the Constitution helps assure that religion will be helpful rather than harmful to that culture:
Besides encouraging a commercial society, the Constitution also sharply limits government. The federal government is limited by the enumerated powers. The states’ capacity to create large, intrusive, anti-commercial government is circumscribed by the right of citizens to exit. To take just a purely hypothetical example, if my home state of Illinois exacts large taxes in favor of small groups like public sector unions, many of its citizens will leave.
Limited government creates the space and indeed the need for the kind of private associations that Alexis de Tocqueville celebrated. Varying in size and mission, these associations may concern self-improvement, mutual aid, or social welfare. As the Nobel Prize-winning political scientist Elinor Ostrom showed, these associations can help people develop bonds of social trust and maintain long-term relations of reciprocal goodwill, which can also help sustain a free society.