Commentary

scotus

In our commentary, read about the political and cultural issues affecting Tennesseans written from a conservative perspective. Columns are typically written by Dr. Kent DelHousaye, a trained political theologian and a longtime pastor and the current FACT president.

Well, What Do We Do Now

Well, What Do We Do Now

Jan 6, 2021 by David Fowler

After the electoral events of Tuesday and Wednesday, multiple thoughts ran through my mind. I scoured the news, praying that I might be given something insightful to say that has not already been said. Whether my prayer was answered, you can judge, but for me, at least, it was.
Was There a Supreme (Court) Abdication of Constitutional Duty in Texas “Elector Clause” Lawsuit?

Was There a Supreme (Court) Abdication of Constitutional Duty in Texas “Elector Clause” Lawsuit?

Dec 17, 2020 by David Fowler

I have searched high and low for legal arguments from lawyers explaining why the substance of Texas’ claim regarding the presidential electors clause in the U.S. Constitution was, in the words of many, baseless, absurd, and other like words. I did not find any. I did find two thoughtful commentaries from two really sharp legal experts on why the lawsuit should not have been heard. However, their arguments left me shaking my head.
Will Texas’ Election Lawsuit Provide Chief Justice Roberts the Comeuppance His Lawlessness Deserves?

Will Texas’ Election Lawsuit Provide Chief Justice Roberts the Comeuppance His Lawlessness Deserves?

Dec 11, 2020 by David Fowler

Late Monday, Texas’ Attorney General filed a Motion with the United States Supreme Court asking it to take jurisdiction over a lawsuit the state wants to file against Georgia, Michigan, Pennsylvania, and Wisconsin. Last week I said Chief Justice John Roberts needs to do his job or get off the Bench. Now, his lawlessness and lack of fidelity to the U.S. Constitution has come home to roost on the biggest stage ever—a divisive presidential election. There is no easy answer for him.
Chief Justice Roberts, Stop Ducking And Do Your Job

Chief Justice Roberts, Stop Ducking And Do Your Job

Dec 3, 2020 by David Fowler

Chief Justice John Roberts has gotten on my last nerve. After violating his oath of office this summer to avoid controversy in a high-profile abortion case, he ducked out on another high-profile social issue type case last week. This one involved the Executive Order of New York Governor Cuomo that limited the number of persons who could attend religious services. It was nice to see two of his colleagues call him out, but now I will add my voice to theirs.
The U.S. Supreme Court Has Put Itself on Trial. What Will Be the Verdict?

The U.S. Supreme Court Has Put Itself on Trial. What Will Be the Verdict?

Nov 13, 2020 by David Fowler

The presidential election is over. The results, however, are not final as a matter of law. I don’t know whether the voter fraud that accompanies all elections will prove sufficient to change the media-predicted results in this election, but something more than ballot integrity is on the line -- the legitimacy of the U.S. Supreme Court. And it may do itself in for generations to come.
Biden on Judge Barrett and His Version of the Establishment Clause

Biden on Judge Barrett and His Version of the Establishment Clause

Oct 16, 2020 by David Fowler

Joe Biden, Diane Feinstein, and Amy Coney Barrett—you might call them the unholy trinity of American political views on religion and the Establishment Clause. Actually, Barrett isn’t “unholy” in the same sense as the other two. As I explained a couple of weeks ago, Judge Barrett’s Catholic views and view of the U.S. Constitution do not create an “Establishment Clause problem.” Biden and Feinstein actually do. Today, though, I want to share my thoughts on what I think is the real reason behind Biden, a Catholic, saying Barrett’s Catholicism is not an Establishment Clause problem for him.
What SCOTUS Abortion Ruling Means for TN’s New Abortion Law

What SCOTUS Abortion Ruling Means for TN’s New Abortion Law

Jul 3, 2020 by David Fowler

On Monday, the United States Supreme Court issued its latest travesty, this time a judgment holding unconstitutional an abortion-related law in Louisiana. But no one should be surprised that the Court failed to use the case to overrule Roe v. Wade. Even I predicted that back in February. Now, here is my prediction for what the decision means for the abortion law just enacted by the Tennessee General Assembly.
Getting Perspective On Another Bad Supreme Court Decision

Getting Perspective On Another Bad Supreme Court Decision

Jun 19, 2020 by David Fowler

Monday, the United States Supreme Court issued a judgment based upon the word “sex” in Title VII, the federal law prohibiting workplace discrimination, having a meaning it did not have when it was enacted in 1964 and one that isn’t even its primary dictionary meaning now.

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