Archived Posts January 2014 | Acton PowerBlog

Hobby-Lobby-StoreLast week, over 80 amicus briefs were filed with the Supreme Court on both sides of Hobby Lobby’s challenge to the HHS contraceptive-abortifacient mandate. Here’s what you need to know about amicus briefs and their role in this case.

What is an amicus brief?

An amicus brief is a learned treatise submitted by an amicus curiae (Latin for “friend of the court”), someone who is not a party to a case who offers information that bears on the case but that has not been solicited by any of the parties to assist a court. The amicus brief is a way to introduce concerns ensuring that the possibly broad legal effects of a court decision will not depend solely on the parties directly involved in the case.

Who can submit an amicus brief?

While any interested party can contribute or sign an amicus brief, it can only be filed only by an attorney admitted to practice before the Supreme Court. After filing, the Court decides whether it will accept the brief. Supreme Court Rule 37 provides that an amicus curiae brief which brings relevant matter to the Court’s attention that has not already been brought to its attention by the parties is of considerable help to the Court. An amicus brief which does not serve this purpose burdens the staff and facilities of the Court and its filing is not favored.

Do amicus briefs have any influence on Supreme Court rulings?
(more…)

little sistersMona Charen, writing for National Review Online, notes that the image-conscious Obama Administration has not been very careful about choosing it foes in the HHS mandate fight. Wanna pick a fight? How about some Catholic sisters?

The Little Sisters of the Poor is a Catholic charity providing care to the poorest elderly in a hospice-like setting. They serve 13,000 people in 31 countries, and operate 30 homes in the United States. Their faith calls them to treat every person, no matter how old, disabled, or poor, as if he or she were “Jesus himself.” There is no religious test for admission, only that you be poor and in need of care at the end of life. Think thousands of Mother Teresas.

(more…)

“A little older, a little more confused,” the late Dennis Hopper once intoned. One month into 2014, the same could be said for this writer. After all, what could be more confusing than members of the religious community employed as willing conspirators in the great organized labor gambit to stifle corporate political speech? Year after year, however, that’s increasingly the case.

For example, the Interfaith Council on Corporate Responsibility’s recently redesigned website heralds its distaste for corporate participation in the political process:

Unchecked corporate cash in the form of political donations and lobbying expenditures has the power to exert undue influence over public policy and regulatory systems and threaten our democracy. Yet in spite of this power, most S&P 500 companies lack a formal system of lobbying oversight and don’t fully disclose how monies are being spent, particularly through third-party organizations like trade associations. Investors are concerned that lobbying expenditures may inadvertently be diverted to groups advancing agendas contrary to the stated missions of companies, setting up potential conflicts of interest and exposing companies to reputational risk. (more…)

Watch as employees at a small Pennsylvania business learn about their new benefits under the Affordable Care Act.

“We need transformation, relief, and opportunity…in that order,” says AEI’s Arthur Brooks in a new video on conservatism and poverty alleviation. “Transformation starts with culture. Transformation is faith, family, community, and work…That’s the beginning of getting people into the process of rising.”

(more…)

Blog author: jcarter
posted by on Friday, January 31, 2014

In Praise of Simple Government
Paul David Miller, The Federalist

Congress should reauthorize the president to reorganize the executive branch of government.

Can the Minimum Wage Close the Opportunity Gap?
Anne Bradley, Institute for Faith, Work, and Economics

This executive order begs the larger question: Would a minimum wage applied to all industries be the great equalizer? Can it increase opportunities for the poor?

Controverting Inequality
Jonathan Teubner, Values & Capitalism

How does one disagree with the focus on inequality without shirking the responsibility to the “least of these,” to the tired, poor, huddled masses?

Top brass say they’re not aware of bias against military chaplains
Adelle M. Banks , Religion News Service

Lawmakers peppered Pentagon officials on Wednesday (Jan. 29) about claims that military chaplains have faced discrimination for their beliefs, and time and again, chaplains and personnel officials said they were unaware of any bias.

Acton Institute Senior Editor Joe Carter joined host Darryl Wood’s Run to Win show on WLQV in Detroit this afternoon to discuss the issue of income inequality from a Christian perspective. The interview keyed off of Carter’s article, What Every Christian Should Know About Income Inequality. You can listen to the entire interview using the audio player below.

200-acton-on-tapDavid Urban, an English professor at Calvin College, recently interviewed the managing editor of Religion & Liberty, Ray Nothstine about the upcoming Acton On Tap Event: The Growing Threat to Religious Liberty. Urban, writing for Grand Rapids, Mich.-based The Rapidian, began his article by quoting the First Amendment and asking, “But is religious liberty in the U.S. being eroded?”

There are several issues regarding religious liberty in the United States today, to name a few: the health and human services mandate, the New York city policy that disallows churches to use public school property for meetings, and the Colorado baker who was required, against his will, to make a wedding cake for a same-sex couple.

“More and more the courts reflect our relativistic culture as long established rights are redefined or simply pushed aside,” Nothstine said.

Nothstine voiced concern about the Obama administration’s tendency to use the term “freedom of worship” instead of the traditional term “freedom of religion.”  Nothstine believes “freedom of worship” departs from the language of the First Amendment and implies appropriate religious activity should be relegated to within the walls of established houses of worship.

“There’s a push to move the freedom of religion into the private sphere instead of the public sphere,” Nothstine said.  “You’re free to believe what you want as long as you don’t push that into the public sphere.” (more…)

green_eyed_monster_by_citrisblossoms2-294x300There are, according to Christian teaching, 7 deadly sins: wrath, greed, sloth, pride, lust, envy, and gluttony. Unchecked, these dark places in the human heart will lead to the ultimate death of Hell (yes, some of us still believe in that.)

There is much discussion today about “income inequality.” President Obama has declared it the most important issue of our time. He says it is not about equal incomes, but equal opportunity, referencing the rise of Abraham Lincoln from poverty to presidency. CNN is now declaring such inequality “the great destroyer” and notes that it includes not just opportunity, but wealth and income as well.

I am left wondering: has “income inequality” become code for “envy?”

John Zmirak, in a piece from Crisis, asks us to test our envy, and I think it’s a good idea. First, let’s be clear as to what envy truly is. St. Thomas Aquinas breaks it down into four parts, and it is the fourth that really drives home the point: (more…)

In his new book, Knowledge and Power, the imitable George Gilder aims at reframing our economic paradigm, focusing heavily on the tension between the power of the State and the knowledge of entrepreneurs — or, as William Easterly has put it, the planners and the searchers.

“Wealth is essentially knowledge,” Gilder writes, and “the war between the centrifuge of knowledge and the centripetal pull of power remains the prime conflict in all economies.”

In a recent interview with Peter Robinson, he fleshes out his thesis:

Quoting Albert Hirschman, Gilder notes that, “Creativity always comes as a surprise to us,” continuing (in his own words), “if it didn’t, we wouldn’t need it and planning would work….Entrepreneurial creativity is almost defined by its surprisal —  by its unexpected character.”

Making room for such surprise requires a dose of Hayekian humility, but as for the shapes, contours, and origins of the surprise itself, Christianity has plenty to say. (more…)