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The Supreme Court got it right on free speech and accommodating our LGBT neighbors

In two recent cases, the Supreme Court seemed to protect religious belief, but in saying that a website developer cannot be compelled to endorse same-sex marriage, it relied on free speech principles.

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"How Rights Went Wrong": On the 50th Anniversary of Roe v. Wade

Sunday was the fiftieth anniversary of Roe v. Wade. On January 22, 1973, the U.S. Supreme Court ruled 7–2 that the Constitution protects the right to

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Courting Disaster, by Ian MacDougall

Courting Disaster, by Ian MacDougall
harpers.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from harpers.org Daily Mail and Mail on Sunday newspapers.

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Radicalizing Human Rights - Boston Review

Critics say human rights discourse blunts social transformation. It doesn't have to.

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<p>Is an all-or-nothing view of constitutional rights at the root of growing cultural clashes pitting civil rights against the free exercise of religion? A new book suggests alternatives. </p>

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In Jamal Greene's 'How Rights Went Wrong,' Reimagining America's Legal Approach To Rights

In Jamal Greene's 'How Rights Went Wrong,' Reimagining America's Legal Approach To Rights
wbur.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from wbur.org Daily Mail and Mail on Sunday newspapers.

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The Hazards of American Justice

The Hazards of American Justice
Credit...John Gall
of Mass Incarceration
Image
A combination of scholarly insight and firsthand pain lends force to this book about the inescapability of prison. Miller, an assistant professor at the University of Chicago, interviewed hundreds of people to learn how former inmates navigate life after serving time. He himself grew up in poverty while his father was in jail. “Halfway Home” combines case studies with memoir, focusing on Miller’s brother, whose collect calls, arbitrary parole officer and efforts to remain free bedevil the author and his middle-class family. The book also offers a wide view, noting that 45,000 state and federal laws regulate the lives of former inmates, adding up to the most “profound level of legal exclusion.” Their status as ex-convicts affects their ability to vote, secure housing, find jobs and see their children. Some of Miller’s rhetoric goes too far: He refers to jails as “cages,” describes incarceration as “the afterlife of slavery” and entitles one chapter “Chains and Corpses.” Yet counterbalancing these flourishes are the enraging indignities suffered by his subjects — most of them African-Americans. They include one man who spent hours traveling to the wrong agency on the instruction of a careless parole officer. He would have had to walk nine miles to another agency had the author not agreed to drive him. Miller describes this precarious ecosystem as the “economy of favors.” Ex-convicts move “from one catastrophe to the next,” relying on the forbearance of others to help them avoid eviction, firing or a missed appointment, any one of which could mean a return to jail. Miller turns a rigorous yet compassionate eye toward a population that we often overlook. Far from having paid their debt to society, former prisoners are persistently kept from rejoining it.

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Thu 9 AM | Rights Vs Rights In America: Can We All Win?

Listen • 43:27
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We start saying it young in America: "it's a free country," and "I know my rights." We do indeed, but much has been said and written about how the rights of the individual often come into conflict with the welfare of collections of individuals: community, in short.
And even when it's individual versus individual, more cases are ending up in court, resulting in one person asserting rights now potentially denied to an opponent.
Constitutional law professor Jamal Greene examines the ramping up of the battles, in

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Voting rights at SCOTUS: Inside the arguments in the Arizona ballot cases.

Episode Notes
Dahlia Lithwick is joined by Jessica Ring Amunson, who argued
Brnovich v. DNC at the Supreme Court this month, to take us inside the arguments and the key questions, and also to look at the wider landscape for voting rights.
Then Dahlia is joined by Jamal Greene who says Americans’ thinking about rights is all wrong, as they discuss his new book
.
In our Slate Plus segment, Mark Joseph Stern joins Dahlia to thrash out the major issues of the week we couldn’t get to in the main show, including racism at Georgetown University Law Center, Chief Justice John Roberts’ lone dissent, and the last of the kraken election cases batted away from the high court.

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Why Do Americans Have So Few Rights?

In 1991, Harvard Law professor Mary Ann Glendon came out with
Rights Talk, a warning that Americans had embraced a divisive understanding of rights that would lead the country into greater and greater strife. Americans, she argued, tended to regard declaring a right as the solution to any problem—and the more absolute the right, the better. Getting your right honored allowed quick victory, often in court rather than politics; but the wrong people usually won, and even when the right ones did, it left polarization in its wake. America’s most renowned theoretician of rights, the late Ronald Dworkin, had argued that rights are like “trumps” in a card game that make majorities irrelevant, and oblige judges to ignore them. For Glendon, such a political culture distracted from communal life and hard questions, and it was not making things better, but worse.

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