Thursday, May 14, 2009

7th Circuit En Banc Hears Arguments On Condominium Mezuzah Ban

Yesterday, the U.S. 7th Circuit Court of Appeals en banc heard oral arguments in Bloch v. Frischholz (recording of full arguments). In the case, a 3-judge panel of the Court last July rejected a claim under the federal Fair Housing Act by a Chicago condominium owner who objected to a condo association rule that effectively prevents any Jewish resident from placing a mezuzah on his or her door. The majority opinion in the 2-1 panel decision was written by Judge Frank Easterbrook. Judge Diane Wood dissented. (See prior posting.) The Chicago Tribune, reporting on yesterday's oral arguments, focuses on the active questioning by Judge Wood, who has been widely mentioned as a possible nominee to the U.S. Supreme Court. Here is a link to all the briefs that have been filed in the case.