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 additional orders from the November 25 Conference. (Lyle covered the grants that were issued after that Conference last Tuesday.) Monday is also the first day of the Court's December sitting. The hearing list is here. On Tuesday we expect one or more opinions in argued cases at 10:00 a.m. We will begin live blogging here shortly before 10.
King v. Burwell Availability of federal tax subsidies to individuals who purchase health insurance on an exchange operated by the federal government
Wondering how it went; what to learn from looking back; the importance of moot courts; and why the regular presence of cameras at oral argument is a bad idea. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper […]
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.