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 the Court is closed in observance of the federal holiday. We expect orders from the October 9 Conference on Tuesday morning at 9:30 a.m. The Court will also hear oral arguments on Tuesday and Wednesday, beginning at 10 a.m. On Friday the Justices will meet for their October 16 Conference; our list of “petitions to watch” for that Conference will be available soon.
“Appellate advocacy, particularly at the Supreme Court, is really intimate. I mean, you’re just a few feet away from the Chief Justice. You know, if you’re sweating, they see you. And, it’s a conversation. And, you know, if you’re looking down at your legal pad the whole time, you’re not going to have that conversation.” […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.