About the author

Scott Rutledge

Scott Rutledge earned a J.D. on top of a Master’s in mathematics and logic. A seasoned corporate attorney, he also served as an Assistant Attorney General in New Mexico and an Assistant Counsel in the Department of Housing and Urban Development. His studies and his experience give him an unusual perspective on the Supreme Court’s very tangled jurisprudence of religion.

Sound Bite

The US Supreme Court has ceased to be a strictly legal institution, if it ever was one. That's why we see such impassioned political struggles over the appointment of any new Justice to the Court. No less contentious, however, is the underlying question: What is the true nature of the new role the Court has taken upon itself as a powerful originator of new laws and policies?

About the Book

Religion is increasingly being allowed to shape judicial decisions in America’s highest court. This compelling analysis by Scott Rutledge uncovers how religious ideology has influenced landmark cases, revealing a profound impact on the nation’s legal, social, and political landscapes.

Examining Judicial Activism and Religious Influence:
Rutledge dissects Supreme Court rulings where religious beliefs intersect with constitutional interpretation. Through a detailed exploration of controversial decisions, the book illustrates how religious convictions have sometimes blurred the lines between church and state.

Key Points:

    • The First Amendment and Religious Freedom: The Supreme Court has interpreted the Establishment Clause and Free Exercise Clause in ways that alter the delicate balance between religious freedom and secular governance.
    • Landmark Cases: Insights on cases such as Hobby Lobby v. Burwell, Masterpiece Cakeshop v. Colorado Civil Rights Commission, and others highlight the tension between religious beliefs and civil rights.
    • Religious Influence in Public Policy: Religious ideologies have swayed rulings on contentious issues like abortion, LGBTQ+ rights, and public education.
  • Judicial Philosophy: The debate on judicial activism versus strict constitutionalism is in full swing, and it plays into religiously charged decisions.
  • Broader Implications: Rutledge provides a comprehensive overview of how religious overreach in judicial decisions affects marginalized communities, civil liberties, and public trust in the judiciary. The book delves into the broader consequences of these decisions on American democracy and pluralism.

A Call for Judicial Integrity:
Scott Rutledge’s Religious Overreach at the Supreme Court invites readers to critically examine the role of religion in America’s judiciary. By shining a light on the consequences of religiously motivated rulings, this book challenges the reader to consider the importance of maintaining a secular, equitable legal system.

About the Book

Scott Rutledge opens with a striking image: the Supreme Court's twentieth-century religion jurisprudence as a "failed exorcism." The demons of religious strife, he argues, were never actually driven out of American public life — they just kept showing up in courtrooms, robed in constitutional language. This book asks three deceptively simple questions about the Court's handling of religion: When did it start acting as a religious authority? How? And why?

What makes this analysis distinctive is that Rutledge isn't simply critiquing conservative or liberal justices. He's pointing to a structural problem in how the Court has approached church-state separation since the twentieth century — a tangle of contradictory rulings that frustrates legal scholars, confuses citizens, and generates more internal disagreement among the justices themselves than almost any other area of law. The First Amendment's Establishment Clause and Free Exercise Clause have been stretched and pulled in so many directions that even law professors, Rutledge notes, write books trying to make sense of the result, "but sense refuses to be made."

The book works through a series of themed chapters — love, logic, nature, conscience, sexuality, memory, and family among them — each framing a different dimension of how religion has come to bear on constitutional interpretation. Rutledge also reaches back to the founding era, arguing that the statesmen of 1787 negotiated a workable religious truce that held for roughly 150 years, interrupted most violently by the Civil War, before gradually unraveling into today's bitter culture wars. For anyone trying to understand why Supreme Court nominations have become such ferocious political battles, this book offers a historically grounded and clear-eyed explanation.

Additional information

Weight N/A
Book Type Ebook, ePub, Hard cover, Soft cover
Pages

158

Release Year

BISAC I

POL040030 POLITICAL SCIENCEÃ??' / American Government / Judicial Branch

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