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BC-thomas 04/13 TCA


Tribune Content Agency
If one can say the pandemic has had any positive side effect, it has been to help us focus on what the loss of liberties looks like. Such losses do not occur immediately but erode over time as people become increasingly comfortable with government claiming to know what is best for us.
The Biden administration is proceeding on a downward spiral that has ended in lost liberties in nations of the past by seizing increasing amounts of power for itself through a slew of executive orders, without the consent of the people, or Congress.
When announcing his gun control executive orders last week, President Biden referenced the Second Amendment and the right to keep and bear arms. He claimed his orders do not infringe on that right, but added, No amendment is absolute. That is concerning. ....

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The Supreme Court radically redefined religious liberty in the COVID case Tandon v. Newsom.


Tandon yet another COVID decision in which Justice Amy Coney Barrett’s vote made the difference.
Although the conservative majority’s decision was unsigned and ran just four pages long, it radically altered the law of religious liberty. Since 1990’s
Employment Division v. Smith, the Supreme Court has not interpreted the First Amendment’s free exercise clause to require religious exemptions to laws that don’t discriminate against religion. In
Tandon, however, the majority effectively overturned
Smith by establishing a new rule, often called the “most favored nation” theory. Under this doctrine, any secular exemption to a law automatically creates a claim for a religious exemption, vastly expanding the government’s obligation to provide religious accommodations to countless regulations. In ....

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State supreme court justice confirms he has been working from outside the country for 3 months


State supreme court justice confirms he has been working from outside the country for 3 months
 
Michigan Supreme Court Justice Richard Bernstein. Photo from the Michigan Judiciary.
Michigan Supreme Court Justice Richard Bernstein has been working from Dubai and Israel for the last three months while he participates in a program to improve cultural understanding of people with disabilities.
Bernstein, who is blind, said he is working full time as a justice, connecting remotely to arguments, while working with a program that is part of the Abraham Accords, signed by Israel, the United Arab Emirates and the United States.
The Michigan Supreme Court has been having remote hearings because of the COVID-19 pandemic. ....

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Biden has an opportunity to reform and diversify federal courts


Biden has an opportunity to reform and diversify federal courts
Shutterstock
America’s third branch of government has been at the epicenter of the news cycle in recent years, with the death of Justice Ruth Bader Ginsburg, high-profile battles over U.S. Supreme Court nominations, and controversy over election results putting the power and influence of the bench into full focus.
We have seen that courts can be an instrument for social and political change; they can be the sword and the shield. But they best serve justice when they are inclusive a perennial challenge for the federal judiciary.
Liane Jackson ....

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