Religious Arguments and the United States Supreme Court: A Review of Amicus Curiae Briefs Filed by Religious Organizations

Authors

Andrew S. Mansfield, MacArthur Foundation

Abstract

The article examines the role of religious organizations in shaping legal arguments before the Supreme Court, particularly in cases involving morally charged issues. It highlights the tension between the Court's avoidance of explicit religious discussions in its decisions and the significant influence of religious amicus briefs. The analysis reveals two primary approaches: limiting religion's role in government and advocating for religion's active participation in public life to define a common good. The Court's silence on religious matters contrasts with the substantial religious arguments presented in briefs, which often emphasize ethical and legal perspectives rooted in religious beliefs.

Disciplines

Courts | Judges | Law | Supreme Court of the United States

Recommended Citation

Andrew S. Mansfield, Religious Arguments and the United States Supreme Court: A Review of Amicus Curiae Briefs Filed by Religious Organizations, 7 Cardozo Pub. L. Pol’y & Ethics J. 343 (2009).
Available at: https://larc.cardozo.yu.edu/cplpej/vol7/iss2/3