NINOMANIA
:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::
:: Monday, December 22, 2008 ::
Here it says:This month, AIG announced that it would offer Shariah-compliant homeowner insurance policies, known as takaful, to U.S. customers through one of its subsidiaries. To be Shariah compliant, companies cannot earn interest and must agree to send a percentage of their revenue to Islamic charitable groups.
The lawsuit — by Iraq war veteran Kevin Murray, on behalf of U.S. taxpayers, against Treasury Secretary Henry Paulson and the Federal Reserve — claims that by subsidizing AIG, the federal government is conveying "...a message of endorsement and promotion of Shariah-based Islam ... and [a] message of disfavor of and hostility toward Christianity and Judaism."
This would not be the first time the Thomas More Legal Center, a group whose "side" I'm supposedly "on," has taken positions I consider strange or just wrong.
I'm not exatly doing backflips about an indirect government cash-flow that, after passing through independent decision-makers, ends up in Shariah-based loans; but to argue that this is "an establishment of religion" within the meaning of the First Amendment is (a) contrary to just about every post-1985 Establishment Clause decision from the Supreme Court, and (b) very harmful to Catholic and other Christian institutions that may wish to participate in government benefits programs on an equal basis with secular institutions, and whose right to do so the TMLC would, I'm pretty sure, hasten to defend.
:: David M. Wagner 2:38 PM [+] ::
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:: Thursday, December 18, 2008 ::
With a lot of debate going around about whether to allow pro-life medical professionals to refuse to perform abortions, dispense abortifacient drugs, or make themselves morally complicit in abortion by referring patients to others who do these things (that would certainly constitute accomplice liability if abortion were a crime), comes now this story:Cake request for 3-year-old Hitler namesake denied
Now, my sympathies are entirely with the cake-decorator who refused the request. But what will be the views of those who, in the abortion context, say consumer sovereignty is supreme?
Eugene Volokh is blogging about this too, and it will (of course) be interesting to see what he says.
:: David M. Wagner 1:37 PM [+] ::
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:: Tuesday, December 02, 2008 ::
Least-cited Supreme Court cases
:: David M. Wagner 3:15 PM [+] ::
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:: Monday, December 01, 2008 ::
Is Hillary Clinton ineligible for Secretary of State because of the Emoluments Clause -- Art. I, Sec. 6, cl. 2? Michael Stokes Paulsen and Eugene Volokh take up the issue here. (Hat-tip: colleague Brad Jacob)
:: David M. Wagner 1:59 PM [+] ::
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This month, AIG announced that it would offer Shariah-compliant homeowner insurance policies, known as takaful, to U.S. customers through one of its subsidiaries. To be Shariah compliant, companies cannot earn interest and must agree to send a percentage of their revenue to Islamic charitable groups.This would not be the first time the Thomas More Legal Center, a group whose "side" I'm supposedly "on," has taken positions I consider strange or just wrong.
The lawsuit — by Iraq war veteran Kevin Murray, on behalf of U.S. taxpayers, against Treasury Secretary Henry Paulson and the Federal Reserve — claims that by subsidizing AIG, the federal government is conveying "...a message of endorsement and promotion of Shariah-based Islam ... and [a] message of disfavor of and hostility toward Christianity and Judaism."
I'm not exatly doing backflips about an indirect government cash-flow that, after passing through independent decision-makers, ends up in Shariah-based loans; but to argue that this is "an establishment of religion" within the meaning of the First Amendment is (a) contrary to just about every post-1985 Establishment Clause decision from the Supreme Court, and (b) very harmful to Catholic and other Christian institutions that may wish to participate in government benefits programs on an equal basis with secular institutions, and whose right to do so the TMLC would, I'm pretty sure, hasten to defend.
:: David M. Wagner 2:38 PM [+] ::
...
Cake request for 3-year-old Hitler namesake deniedNow, my sympathies are entirely with the cake-decorator who refused the request. But what will be the views of those who, in the abortion context, say consumer sovereignty is supreme?
Eugene Volokh is blogging about this too, and it will (of course) be interesting to see what he says.
:: David M. Wagner 1:37 PM [+] ::
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:: David M. Wagner 3:15 PM [+] ::
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:: David M. Wagner 1:59 PM [+] ::
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