A Scalia letter, birthright citizenship’s long game and an illegal dating problem
By Alex Swoyer - The Washington Times - Thursday, July 9, 2026
What to know
* Justice Scalia defended his ruling in Employment Division v. Smith in a private letter.
* Rachel Bovard called for birthright citizenship to be a litmus test for nominees.
* Dating apps and legal loopholes make it easier for illegal immigrants to blend in.
* Justice Scalia defended his ruling in Employment Division v. Smith in a private letter.
* Rachel Bovard called for birthright citizenship to be a litmus test for nominees.
* Dating apps and legal loopholes make it easier for illegal immigrants to blend in.
Justice Scalia defended attacks on his landmark religious-liberty opinion, a new document shows
Justice Antonin Scalia usually let his opinions speak for themselves, but he was so irked by criticism of one of his religious liberty rulings that he wrote a private defense of his reasoning, according to an unsealed court document obtained by “Seen, Heard & Whispered.”
The case was Employment Division v. Smith, where Scalia led the court’s majority in rejecting a pair of drug counselors challenging the denial of unemployment benefits after they were fired for ingesting peyote, a powerful hallucinogen. They said they used it as part of their American Indian faith and argued the denial was punishment for religious beliefs.
Scalia, though, said that it doesn’t run afoul of the First Amendment for a state to pass and uphold neutral laws applicable to all — even if it might ding someone’s religious practice.
A decision the other way would have been “courting anarchy,” Scalia wrote to Judge Thomas J. Aquilino Jr. of the U.S. Court of International Trade on May 25, 1990, just weeks after the decision was issued.
“We have never held that an individual’s religious beliefs excuse him from compliance with an otherwise valid law prohibiting conduct that the State is free to regulate,” he wrote.
The communication was unearthed in the justice’s papers at Harvard Law School. It’s a signed letter on official chambers stationery.
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READ MORE: https://www.washingtontimes.com/news/2026/jul/9/seen-heard-whispered-scalia-letter-birthright-citizenships-long-game/
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