Issue: (1) Whether the Free Exercise Clause requires a
plaintiff to demonstrate that the challenged law singles
out religious conduct or has a discriminatory motive,
as the First, Second, Fourth, and Eighth Circuits
and Montana Supreme Court have held, or
whether it is instead sufficient to demonstrate that
the challenged law treats a substantial category of
nonreligious conduct more favorably than religious
conduct, as the Third, Sixth, Tenth, and Eleventh
Circuits and Iowa Supreme Court have held; and (2) whether the government regulates “an internal
church decision” in violation of the Free Exercise
Clause, Hosanna Tabor v. EEOC,
when it forces a religious community to provide
workers’ compensation insurance to its members in
violation of the internal rules governing the community
and its members.
On Monday at 9:30 a.m. we expect orders from the February 27 Conference. The Court has not announced its plans for next week regarding the release of opinions, if any. At this time of the Term, however, it would be unusual if there were none. This is the second week of the February sitting.
King v. Burwell Availability of federal tax subsidies to individuals who purchase health insurance on an exchange operated by the federal government
“I think always the humor was a means to an end. And the end is, to help folks who don’t live in this world understand why it matters.” Dahlia Lithwick covers the Supreme Court and writes about law more broadly for Slate.com. In this six-part interview, Ms. Lithwick discusses law school, practicing law, and how […]
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