On Monday, December 9, we expect ... (click to view)
Editor's Note :
On Monday, December 9, we expect additional orders from the December 6 Conference at 9:30 a.m. On Tuesday, December 10, we expect one or more opinions in argued cases at 10:00 a.m. We will begin live blogging at 9:45.
Big Sky Colony, Inc. v. Montana Department of Labor & Industry
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.
At 9:30 a.m. on Monday, we expect additional orders from the Court's December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday at 10:00 a.m., we expect one or more opinions in argued cases. We will begin live blogging at 9:45. This is the second week of the December sitting; the hearing list for this sitting is here.
In this eight-part interview, Judge J. Harvie Wilkinson, III, of the U.S. Court of Appeals for the Fourth Circuit discusses his background, including: a race for Congress; clerking for Justice Lewis F. Powell, Jr., and the value of humility; the confirmation process and the life and work of a federal appeals court judge; understanding the Court, interviewing [...]
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