by Ken MacVey
Several years ago I was the moderator of a bar association debate between John Eastman, then dean of Chapman University School of Law, and a dean of another law school. The topic was the Constitution and religion. At one point Eastman argued that the promotion of religious teachings in public school classrooms was backed by the US Constitution. In doing so he appealed to the audience: didn’t they all have the Ten Commandments posted in their classrooms when growing up? Most looked puzzled or shook their heads. No one nodded or said yes. Eastman appeared to have failed to convince anyone of his novel take on the Constitution.
Eastman since has resigned as dean of Chapman Law School and has faced criminal charges and disbarment proceedings regarding his role as a lawyer in the attempted overthrow of the 2020 presidential election that Trump lost. California State Bar judges have recommended Eastman be permanently disbarred, a recommendation that is now pending before the California Supreme Court. But one of Eastman’s constitutional views that once seemed far-fetched may very well be upheld by one court and ultimately the Supreme Court. The Fifth Circuit US Court of Appeals in January heard oral arguments on challenges to statutes in Texas and Louisiana that require displaying the Ten Commandments in every public school classroom in their respective states. By some accounts the oral argument by the challengers was not well received.
Many think it is likely the Fifth Circuit will uphold the constitutionality of the Texas or the Louisiana statute, or both, and that ultimately the matter could be taken up by the Supreme Court. Several Supreme Court justices could be very receptive to their constitutionality despite a 1980 Supreme Court precedent finding mandatory classroom displays of the Ten Commandments unconstitutional. If the Fifth Circuit or the Supreme Court upholds their constitutionality, almost certainly it will be based on an “originalist” interpretation of the Constitution. Read more »



The question of whether AI is capable of having conscious experiences is not an abstract philosophical debate. It has real consequences and getting the wrong answer is dangerous. If AI is conscious then we will experience substantial pressure to confer human and individual rights on AI entities, especially if they report experiencing pain or suffering. If AI is not conscious and thus cannot experience pain and suffering, that pressure will be relieved at least up to a point.


Jacob Lawrence. Migration Series (Panel 52).
We do not need philosophers to tell us that human beings matter. Various versions of that conviction is already at work everywhere we look. A sense that people are worthwhile shapes our law, which punishes cruelty and demands equal treatment. It animates our medicine, which labors to preserve lives that might seem, by some external measure, not worth the cost. It structures our families, where we care for the very young and the very old without calculating returns. It haunts our politics, where arguments about justice presuppose that citizens possess a standing that power must respect. But what does it mean to say human beings are worthwhile? And why might it be worthwhile to ask what me mean when we say we matter?
Not long ago I wrote for 3 Quarks Daily
Anyway, I’ve been following




