Elliot Mincberg

Elliot Mincberg is a senior fellow at People For the American Way Foundation. He has worked on Supreme Court nominations for more than 30 years, and is also a former House Judiciary Committee chief counsel for oversight and investigations.

Recent Articles

Brett Kavanaugh's Dangerous Right-Wing Judicial Activism

The D.C. Circuit Court judge poses a major threat to the high court and the country.

(AP Photo/Jacquelyn Martin)
During his tenure as judge on the D.C. Circuit Court, Brett Kavanaugh has consistently ruled in favor of corporations and against workers, consumers, civil rights, and the environment. But is there an underlying theme or approach in American jurisprudence that explains Kavanaugh’s record? Although Kavanaugh would no doubt deny it, his judicial record makes clear that he is a conservative judicial activist who would pose serious dangers to our country if he joins the Supreme Court. Ultra-conservatives like Antonin Scalia and others have described judicial activists as possessing three primary characteristics. First, in key cases, a judicial activist judge’s decisions will correspond closely to his or her political or policy preferences. Second, in order to promote those preferences, a judicial activist will vote to overturn laws passed by democratically elected legislatures, relying on broad interpretations of the Constitution. Finally, in pursuit of those objectives, a...

Will the Supreme Court Abandon True Government Neutrality Toward Religion?

The high court chips away at the once impregnable wall between church and state.

AP Photo/J. Scott Applewhite
Government neutrality toward religion is a crucial principle for the protection of religious freedom. However, the Supreme Court, pushed by the religious right and its most conservative justices, has eroded this key protection, moving toward a one-way ratchet in favor of religion. Under this legal regime, not only would churches and other religious institutions be treated equally with others when it comes to federal allocations, they would also get a clear preference when they object to generally applicable anti-discrimination or other laws. As the damaging Trinity Lutheran decision shows, even some moderates on the Court are inching toward this view. With a number of cases on the Court’s docket this fall, including a headline-making case involving a Colorado bakery , that raise important questions about the government neutrality toward religion, it is vitally important to understand the danger that this one-sided approach to the First Amendment poses to religious liberty, civil...