Finding Religion in Unexpected Places: A Discussion of the Establishment Clause
Notorious: The Legal Legacy of Justice Ruth Bader GinsburgShow Notes
In Episode 5 of Notorious, we mix up the format a bit and discuss the Establishment Clause of the First Amendment in the context of several cases. No issue under the Establishment Clause reached the U.S. Supreme Court until 1947. Thus, our discussion starts with Everson v. Board of Education, a landmark decision that applied the Establishment Clause in the country's Bill of Rights to state law. We conclude with an analysis Justice Ginsburg's dissent in the 2019 case of American Legion v. American Humanist Association. Notably, Justice Ginsburg believed in a strict separation between Church and State. Her view in this regard is reflected repeatedly in her dissents, even as her view was increasingly rejected by a majority of the Court, which permitted the states more latitude in supporting religious institutions. Sandra S. Baron, Visiting Clinical Lecturer in Law at Yale Law School, joined by Patterson Belknap attorneys Michelle Bufano and Greg Diskant, discuss the history of the Establishment Clause, Justice Ginsburg's dissents on this topic and the impact of her legal legacy on future Establishment Clause jurisprudence. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Related People: Sandra S. Baron Michelle Bufano Greg Diskant
More from Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg
In Season 3, Episode 5 of Notorious, we continue to discuss the Eighth Amendment's prohibition against cruel and unusual punishment – from Justice Marshall's viewpoint, as well as Justice Ginsburg's viewpoint. This topic is broken up into two episodes, with Episode 5 focusing mostly on Justice Ginsburg's views and how those views intersect with those of Justice Marshall. Patterson Belknap attorneys Michelle Bufano, Greg Baker and Catherine Djang discuss the history of the death penalty, as well as the cases of Gregg v. Georgia and Glossip v. Gross, and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Related People: Michelle Bufano Greg Baker Catherine Djang Catherine Djang
In Season 3, Episode 4 of Notorious, we discuss the Eighth Amendment's prohibition against cruel and unusual punishment – from Justice Marshall's viewpoint, as well as Justice Ginsburg's viewpoint. This topic is broken up into two episodes, with Episode 4 focusing mostly on Justice Marshall's views and historical context. Patterson Belknap attorneys Michelle Bufano, Greg Baker and Catherine Djang discuss the history of the death penalty, as well as the cases of Gregg v. Georgia and Glossip v. Gross, and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Related People: Michelle Bufano Greg Baker Catherine Djang
In Season 3, Episode 3 of Notorious, we discuss campaign finance, from legal viewpoints of Justices Ginsburg and Marshall. Among the issues discussed are what it means to participate in a fair and free election and the intersection between money and its impact on free speech during a political campaign. Guests will include Patterson Belknap Partner Alejandro H. Cruz and Patterson Belknap Associates Greg Margolis and Bonita L. Robinson. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle M. Bufano Alejandro H. Cruz Greg Margolis Bonita L. Robinson
In Season 3, Episode 2 of Notorious, we discuss the First Amendment and how it was addressed by Justice Ginsburg and Justice Marshall. Specifically, this episode will cover Justice Ginsburg's and Justice Marshall's jurisprudence concerning the religious clauses of the First Amendment, including the Establish Clause and the Free Exercise Clause. Guests will include Patterson Belknap Partner Michelle Bufano; Patterson Belknap Counsel Jacqueline Bonneau; and Patterson Belknap Associates Greg Margolis and Bonita Robinson. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle Bufano Jacqueline L. Bonneau Greg Margolis Bonita L. Robinson
In Season 3, Episode 1 of Notorious, we discuss Justice Thurgood Marshall's and Justice Ruth Bader Ginsburg's contributions to the Civil Rights Movement, and parallels and differences between their legal and judicial strategies. Guests will include Judge Joseph A. Greenway Jr., who currently sits on the United States Court of Appeals for the Third Circuit and previously sat on the U.S. District Court for the District of New Jersey; Gregory L. Diskant, Patterson Belknap Of Counsel and former judicial clerk to Justice Marshall; Patterson Belknap Partner Michelle M. Bufano; and Patterson Belknap Associate Mariana Múnera-Keating. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle Bufano Gregory L. Diskant Mariana Múnera-Keating