Monday, March 3, 2014
SCOTUSblog: Accomodations, Religious Freedom, and the Hobby Lobby Case, by Rick Garnett:
Every law student learns and every lawyer knows that there is more to “doing law” than simply looking up or even arguing for the right answers. It also involves identifying the questions that need answering. This is one reason why law-school examinations so often ask students to “spot the issues” that are presented, or hidden, in complicated and sometimes bizarre hypotheticals, stories, and narratives. . . .
SCOTUSblog: Under a Straight-forward Reading of Constitutional Text and History and Fundamentals of Corportate Law, Hobby Lobby's Claims Fails, by Elizabeth Wydra:
Superstar Supreme Court lawyer Paul Clement starts his brief on behalf of Hobby Lobby Stores, Inc., and its individual owners, the Green family, with a rather remarkable assertion: that this case “is one of the most straight-forward violations of the Religious Freedom Restoration Act.” Someone like Clement can get away with breaking one of the basic rules of legal advocacy – one is generally not supposed to tell the Court that it is reviewing “an easy case,” since such a legal cakewalk probably wouldn’t require the rare attention of the High Court. But Clement’s assertion is nonetheless wrong. To the contrary, it’s — dare I say — easy to show that this case is far from easy for Hobby Lobby to win. . . .
SCOTUSblog: Mandates Make Martyrs Out of Corporate Owners, by Ilya Shapiro:
Should some people be exempt from laws that generally apply to everyone but infringe on sincerely held religious beliefs? If so, doesn’t that privilege believers over nonbelievers, and indeed pick and choose among religious tenets to determine which merit accommodation? Does it matter if the religious belief in question relates strictly to worship or is tied to an otherwise secular mission, such as the provision of education or social-welfare services? What about commercial activity, and do the legal forms in which that activity is pursued matter? These are some of the thorny questions that arise when a pluralistic society tries to reconcile the rule of law with religious liberty. . . .
Other pieces in the symposium can be accessed here.