One man, one woman, as many children as God blesses you with.
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Monday, June 01, 2026
Friday, January 23, 2026
Fifth Circuit en banc in Classroom Ten Commandment Case
Stephanie Barclay writes
Money quotation:
But the Founding-era hallmark of a religious establishment was mandatory attendance at religious services, not mere exposure to religious content. In Louisiana and Texas, students are not being required to pray, to affirm religious belief, or to participate in any religious observance, or asked to view others undertaking these exercises. They are being exposed to a display of text – text that, whatever its religious significance, the states contend has historical importance to the development of American law.
Any governmental acknowledgment of religion could be characterized as “coercive” to someone who disagrees with it. That is precisely the open-ended, policy-driven inquiry that Kennedy rejected in favor of historical analysis.
Friday, January 02, 2026
Nebraska Lawyers are Courageous: Meriwether v Hartrop
Meriwether v Hartrop is a case about competing narratives, competing versions of the truth. Is biology a social construct? Can a man become a woman by identifying as a woman? Can a woman become a man by identifying as a man? Or is biology (and faith) real and inform us that gender is fixed at birth regardless of personal choice and identity?
Meriwther believed his version of the truth. Is his version a reasonable understanding of reality? If so, can his government employer compel him to say things he believes are untrue? To borrow from 1984, does he have the right to hold to his belief that 2 plus 2 make 4? Or must he say 2 plus 2 make 5?
If he had been a coward, it would have been so easy to use compelled pronouns and protect his job and his livelihood. But he chose to be a courageous leader, and declined to say something he believed to be untrue.
Here is a way to think about it. If you shared Meriwether's views about biology and gender, what would you do if you were at a meeting of student group leaders, and the person who called the meeting said "Let's start this meeting by introducing ourselves and sharing our pronouns?" Would you set aside what you believe to be true and share your pronouns to appease those who hold the competing narrative about biology and gender? Would you sacrifice what you believe to be true in order to be "nice"? Does being nice require you to appear to embrace a narrative you believe is untrue?
Courage is contagious; when you take a stand for truth it makes it easier for the next person to do so. But cowardice is also contagious. And the Law College's mission statement makes courage part of our mission.
So be courageous. And to paraphrase Charlie Kirk's advice, live large, love God, find love, get married, and have as many children as God gives you. Marriage and children are wonderful gifts to make life on this planet full of love and joy.
Be seeing you!
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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Welcome to the First Amendment course, a course that examines the First Amendment in quite a bit of depth. For our first two classes of F...
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...