Tag Archives: john roberts

Judge Kavanaugh on the Judicial Review of Prayer

In 2010 the US Court of Appeals for the DC circuit dismissed a lawsuit by Michael Newdow (the infamous atheist who has filed repeated lawsuits over So help me God/In God we Trust/etc.) seeking to prohibit “so help me God” and prayer from President Obama’s inauguration. Supreme Court Chief Justice John Roberts, as the administrator of the Presidential oath, was named as defendant.

The 3-judge panel of the Appeals Court dismissed the case, saying Newdow did not have standing. One of the judges disagreed, saying Newdow did have standing, but he said the case failed on its merits.

That was Judge Brett Kavanaugh.

As noted at the time, Judge Kavanaugh’s explanation Read more

Supreme Court Restricts Marriage, and No One Notices

Update: As Chief Justice John Roberts predicted: Inspired by SCOTUS ruling, polygamous Montana trio applies for wedding license.

While some have hailed the US Supreme Court‘s ruling last week (available in PDF here) that expanded the legal definition of marriage to include homosexuals, few have noted Justice Anthony Kennedy’s careful wording that actually restricted the definition of marriage:

The Fourteenth Amendment requires a State to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex… Read more