The Bond between Left and Right Libertarians
I am delighted to moderate today’s panel on constitutional methodology for two reasons. The first is both personal and institutional. Richard and I have been disagreeing about constitutional law for almost a half-century. I still remember a paper that Fritz Schwarz and I presented at the University of Chicago Law School in the 1980’s recounting the tortuous negotiations leading to the settlement of a complex challenge to New York City’s financial support of religiously affiliated foster care agencies. The settlement required the City-funded religious foster care agencies to accept children in need on a first-come, first-served basis, without regard to religious affiliation. in return, I dropped an Establishment Clause challenge to the government funding. Richard was so upset at what he perceived as the economically destructive consequences of the settlement, which he predicted would dry up private contributions from the faithful that had allowed the religiously denominated agencies to operate as well-funded islands of excellence, that the Dean made him stand outside until the presentation was over. I did not take offense. I was delighted and impressed that a brilliant colleague would take ideas so seriously.
