Judges must allow the elected branches of government to flourish and citizens, through their elected representatives to make laws appropriate to the facts and circumstances of the day.
Gorsuch advocates for the role of elected branches in lawmaking.
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The district court grappled with none of the history and law surrounding similar cases in the past before ordering Dellinger to be reinstated.
Isn’t it a fundamental premise of our First Amendment that the state shouldn’t be picking and choosing between religions?
Apart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific historical principle might justify its prosecution in this case.