Sunday, August 28, 2005

Petitioner's Brief In O Centro Available

The Petitioner's Brief on the Merits in Gonzales v. O Centro Espirita Beneficiente Uniao Do Vegetal, scheduled for argument before the US Supreme Court on November 1, 2005, is now available online. The Brief describes the question presented as:

Whether the Religious Freedom Restoration Act of 1993 ... requires the government to permit the importation, distribution, possession, and use of a Schedule I hallucinogenic controlled substance, where Congress has found that the substance has a high potential for abuse and is unsafe for use even under medical supervision, and where its importation and distribution would violate an international treaty.

However, the case may be seen as presenting only the narrower issue of what is the appropriate standard for granting a preliminary injunction under the Religious Freedom Restoration Act. (See prior posting.)