Supplemental Briefs in Zubik v. Burwell

Posted by Kyle Duncan | Apr 18, 2016 | 0 Comments

This piece originally was posted on the Federalist Society blog on April 15, 2016. Last Monday, the parties in the challenges to the HHS contraceptive mandate (collectively called Zubik et al. v. Burwell) filed supplemental briefs in response to the U.S. Supreme Court's unusual post-argument ord...

Trinity Lutheran Church v. Pauley

Posted by Kyle Duncan | Feb 05, 2016 | 0 Comments

The U.S. Supreme Court recently agreed to review the Eighth Circuit's decision in Trinity Lutheran Church v. Pauley. At first blush, this case does not promise the same religious fireworks as some of the Court's recent cases, such as the widespread challenges to the HHS contraceptive mandate by r...

Symposium: Overruling Windsor

Posted by Kyle Duncan | Jul 24, 2015 | 0 Comments

This piece was originally posted on SCOTUSblog,  June 27th, 2015 Symposium: Overruling Windsor Kyle Duncan is a lawyer in private practice in Washington, D.C. He successfully defended Louisiana's marriage laws in Robicheaux v. Caldwell, and filed an amicus brief on behalf of fifteen States ...

Law, Not Theology

Posted by Kyle Duncan | Aug 21, 2013 | 0 Comments

The American legal system doesn't do theology. Thank heavens. No one wants judges telling us whether the Nicene Creed is correct, whether the Red Sea really parted, or whether reincarnation happens. Yes, religious believers sometimes go to court when their rights are violated, but they typically ...

What EEOC gets and HHS doesn’t

Posted by Kyle Duncan | Jun 13, 2013 | 0 Comments

The Greens are simply saying, “Leave us and our business out of this.” Not a difficult concept to grasp. What is puzzling is why the EEOC gets it, but HHS doesn't. Two weeks ago, the EEOC sued a Peoria trucking company for violating the religious liberty of two of its Muslim drivers when it fire...

Fighting the Stupid Public Square

Posted by Kyle Duncan | Feb 27, 2013 | 0 Comments

Sixth Circuit demolishes militant atheist strategy responsible for inflicting “Skeleton Santa” and “Flying Spaghetti Monster” on holiday displays. If a city includes a nativity scene in its holiday display, must it also include a sign mocking the Christmas story as a toxic myth? If the scene has...

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