Supreme Court To Hear Arguments Today In High-Profile Abortion Case

Today, the U.S. Supreme Court hears oral arguments in a high profile abortion case-- June Medical Services v. Russo. At issue is the constitutionality of the Louisiana Unsafe Abortion Protection Act which requires any abortion provider to have admitting privileges at a hospital within 30 miles of the location where abortions are performed. In March 2016, the U.S. Supreme Court summarily upheld a preliminary injunction issued by the district court preventing the Act from going into effect. In September 2018, the U.S. 5th Circuit Court of Appeals reversed the district court and upheld the statute. In January 2019, the full 5th Circuit, by a vote of 6-9, denied en banc review. Plaintiff appealed the substantive holding to the Supreme Court. The state cross-appealed the grant of third-party standing to the abortion clinic plaintiff. (See prior posting.) Meanwhile in February 2019 the Supreme Court stayed the 5th Circuit's decision pending appeal to the Supreme Court, with four justices dissenting. The SCOTUS blog case page has links to all the filings (including dozens of amicus briefs) in the case, as well as to commentary on the case.

I will post a link to the transcript of the oral arguments when they become available later today.

Supreme Court Denies Cert. In Title VII Religious Accommodation Case

The U.S. Supreme Court today denied review in Patterson v. Walgreen Co., (Docket No. 18-349. certiorari denied 2/24/2020). In the case, the U.S. 11th Circuit Court of Appeals, in a suit alleging religious discrimination and retaliation, held that Walgreen had offered reasonable accommodations for the religious needs of a Seventh Day Adventist employee whose beliefs did not permit him to work on Saturday. (See prior posting). In a concurring opinion (full text) accompanying the denial of cert, Justice Alito, joined by Justices Thomas and Gorsuch, said that in an appropriate case the Court should reconsider its holding in the Hardison case that an employer need accommodate an employee's religious observance only if it imposes no more than a de minimis hardship on the employer. They concluded however that "this case does not present a good vehicle for revisiting Hardison."

Supreme Court Grants Review Of City's Refusal To Contract With Catholic Social Services

The U.S. Supreme Court today granted review in Fulton v. City of Philadelphia, (Docket No. 19-323, certiorari granted 2/24/2020) (Order List). The case will be argued next term. In the case, the U.S. 3rd Circuit Court of Appeals upheld held against 1st Amendment challenges the City of Philadelphia's policy of refusing to contract with foster care agencies, such as Catholic Social Services, that will not place children with same-sex married couples. (See prior posting.)  Links to filings with the Supreme Court in the case are available from SCOTUSblog's case page.

Transcript of Today's Arguments in Espinoza v. Montana Dept. of Revenue Now Available

The transcript of today's oral arguments in the U.S. Supreme Court  in Espinoza v. Montana Department of Revenue is now available. Amy Howe at SCOTUS blog discusses the oral arguments, saying in part:

This morning the Supreme Court heard oral argument in the latest chapter of the battle over the use of public funding for religious schools. Supporters of such funding argue that the government should not be allowed to discriminate against religious families and schools, while opponents warn that requiring the government to allow public funds to be used for religious schools could harm public education. Both of those issues were at the forefront of today’s oral argument, as was the question of whether the lawsuit should continue at all. By the time the justices left the bench, it appeared that the outcome could hinge on the votes of Chief Justice John Roberts and Justice Stephen Breyer.

Supreme Court Will Hear Arguments Today In Montana Religious School Aid Case

The U.S. Supreme Court will hear oral arguments this morning in Espinoza v. Montana Department of Revenue.  In the case, the Montana Supreme Court held that Montana's tax credit program for contributions to student scholarship organizations is unconstitutional under Montana Constitution Art. X, Sec, 6 which prohibits state aid to sectarian schools. (See prior posting.) The Solicitor General will  participate in oral argument, contending that Montana's "no-aid" provision violates the U.S. Constitution's free exercise clause.  SCOTUS blog has a preview of today's arguments. Here is SCOTUS blog's case page with links to all the filings in the case and to additional discussion of the issues involved. I will post the transcript of the oral arguments later today when it becomes available.

Supreme Court Grants Review In Contraceptive Mandate Exemption Case

The U.S. Supreme Court today granted review in Little Sisters of the Poor v. Pennsylvania (Docket No. 19-431) and Trump, President of the U.S. v. Pennsylvania (Docket No. 19-454) (certiorari granted 1/17/2020). (Order List).The two cases were consolidated for oral argument. In the case, the U.S. 3rd Circuit Court of Appeals affirmed a district court's entry of a nationwide preliminary injunction against enforcement of the Trump Administration's final rules expanding the scope of the exemptions under the Affordable Care Act for employers having religious or moral objections to contraceptive coverage. (See prior posting). Little Sisters of the Poor were intervenors in the 3rd Circuit case. (See prior posting.)

Amicus Briefs In Supreme Court's Abortion Cases Now Available

Dozens of amicus briefs have now been filed in this Term's Supreme Court cases on abortion rights. Links to all of the briefs are available at SCOTUSblog's case page on June Medical Services LLC v. Gee.

Supreme Court Grants Cert. In 2 Ministerial Exception Cases

The U.S, Supreme Court today granted review in two cases involving the scope of the "ministerial exception" doctrine. The Court consolidated the two cases for review.  One of the cases is St. James School v. Biel, (Docket No. 19-348, certiorari granted 12/18/2019). In the case, the U.S. 9th Circuit Court of Appeals  in a 2-1 decision held that a 5th grade teacher at a Catholic elementary school is not a "minister" for purposes of the ministerial exception doctrine. At issue was a suit under the Americans for Disability Act brought by a teacher whose contract was not renewed.  (See prior posting.) The 9th Circuit over 9 dissents denied en banc review. (See prior posting.) The second case in which the Supreme Court granted review is Our Lady of Guadalupe School v. Morrissey-Berru, (Docket No. 19-267, certiorari granted 12/18/2019). In the case, the U.S. 9th Circuit Court of Appeals held that a teacher in a Catholic school is not a "minister" for purposes of the ministerial exception doctrine. (Full text of 9th Circuit decision).

Cert. Denied In Boise Ban On Sleeping Outdoors

Yesterday the U.S. Supreme Court denied review in Boise, ID v. Martin, (Docket No. 19-247, certiorari denied 12/16/2019). (Order List.) In the case the U.S. 9th Circuit Court of Appeals held that the ban on cruel and unusual punishment in the 8th Amendment bars a city from criminalizing sleeping outdoors on public property when homeless people have no option to sleep indoors, including where their access to a shelter is conditioned on their participating in religious programs. (See prior posting.) Los Angeles Times has an Opinion piece on the case.

Supreme Court Review Sought In City Council Speech Limits At Meeting On Mosque

A petition for certiorari (full text) was filed on Dec. 9 with the U.S. Supreme Court in Youkhanna v. City of Sterling Heights. In the case, the U.S. 6th Circuit Court of Appeals rejected challenges to the manner in which the city of Sterling Heights, Michigan conducted a raucous city council meeting at which settlement of a RLUIPA lawsuit was being considered.  At issue was the city's settlement of a zoning dispute with backers of a mosque.  City Council placed limits on the scope of comments that citizens could make during the meeting, and eventually cleared the meeting room when the audience became disruptive. (See prior posting.)

Supreme Court Denies Review Of Kentucky Ultrasound Informed Consent Law

The U.S. Supreme Court today denied review in EMW Women’s Surgical Center v. Meier, (Docket No. 19-417, certiorari denied 12/9/2019). (Order List). In the case, the U.S. 6th Circuit Court of Appeals, in a 2-1 decision, rejected a 1st Amendment free speech challenge to Kentucky's Ultrasound Informed Consent Law. The law requires a doctor to make the fetal heartbeat audible, and to display and describe ultrasound images, to a woman seeking an abortion. (See prior posting.) CNN reports on the Court's action.

Supreme Court Grants Review In RFRA Damages Case

The U.S Supreme Court yesterday granted certiorari in Tanzin v. Tanvir. (Docket No.19-71, cert. granted 11/22/2019). In the case, a 3-judge panel of the 2nd Circuit Court of Appeals held that under the Religious Freedom Restoration Act, a plaintiff may sue federal officials in their individual capacities and may recover monetary damages from them. The holding comes in a lawsuit by three Muslims who claim that their names were placed on the "No Fly List" in retaliation for their refusal to serve as government informants. (See prior posting.) By a vote of 7-3, the 2nd Circuit denied en banc review. (See prior posting.) The SCOTUSblog case page has links to the fiilngs with the Supreme Court in the case.

Cert. Denied In Dispute Over Liability of National Church Body For Sex Abuse By Church Elder

On Monday, the U.S. Supreme Court denied review in Watchtower Bible and Tract Society of New York v. J.W., (Docket No. 19-40, certiorari denied 10/7/2019). (Order List). In the case, a California state appellate court upheld an award against national church body of over $4 million to a girl who, when she was ten years old, was sexually abused by an elder of the Jehovah's Witness church.  (See prior posting.) The petition for certiorari (full text) raised 1st Amendment issues both as to liability for acts of congregants and production of internal documents. Friendly Atheist blog discusses the case.

Supreme Court Hears Oral Arguments In LGBTQ Employment Discrimination Cases

Today the U.S. Supreme Court heard oral arguments in three cases involving whether Title VII of the 1964 Civil Rights Act covers employment discrimination against gays, lesbians and transgender individuals.  Two of the cases (consolidated for oral argument) involve whether the ban on discrimination on the "because of sex" covers sexual orientation discrimination.  The cases are Bostock v. Clayton County, Georgia (case page on SCOTUSblog) and Altitude Express, Inc. v. Zarda (case page on SCOTUSblog). Here is the transcript of the full oral argument. The third case is R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (case page on SCOTUSblog). It raises the question of whether Title VII's ban on "sex" discrimination protects transgender individuals from employment discrimination.  Here is the transcript of the full oral argument. CNN reports on the oral arguments.

Cert. Petition Filed In Contraceptive Mandate Exemption Challenge

The Justice Department yesterday filed a petition for certiorari (full text) in Trump v. Commonwealth of Pennsylvania. In the case, the U.S. 3rd Circuit Court of Appeals affirmed a district court's entry of a nationwide preliminary injunction against enforcement of the Trump Administration's final rules expanding the scope of the exemptions under the Affordable Care Act for employers having religious or moral objections to contraceptive coverage. (See prior posting.) The cert. petition presents the following questions:

1. Whether the agencies had statutory authority under the ACA and the Religious Freedom Restoration Act ..., to expand the conscience exemption to the contraceptive-coverage mandate.

2. Whether the agencies’ decision to forgo notice and opportunity for public comment before issuing the interim final rules rendered the final rules—which were issued after notice and comment—invalid under the Administrative Procedure Act....

3. Whether the court of appeals erred in affirming a nationwide preliminary injunction barring implementation of the final rules.

[Thanks to Tom Rutledge for the lead.]

Certiorari Denied In Challenge To "Bible in the Schools" Program

Yesterday the U.S. Supreme Court denied review in Mercer County Board of Education v. Deal, (Docket No. 18-1487, certiorari denied 10/7/2019).  (Order List.) In the case, the U.S. 4th Circuit Court of Appeals reversed a West Virginia federal district court and held that a student who had withdrawn from the offending school system (and her parent) had standing to challenge the school system's Bible in the Schools program. It also held that the claim was ripe for adjudication. (See prior posting.) Bluefield Daily Telegraph reports on the Supreme Court's action.

Supreme Court Denies Review Of Discovery Directed To Church

The U.S. Supreme Court today denied certiorari in Presbyterian Church v. Edwards, (Docket No. 18-1441, cert. denied 10/7/2019). In the case the Kentucky Supreme Court allowed discovery to proceed in a defamation suit against the Presbyterian Church to the extent necessary to determine if the church is entitled to ecclesiastical immunity. (See prior posting.) The Supreme Court in June denied a stay in the case.

Annual Red Mass Attended By Three Current Justices and Others

Catholic Standard reports on the annual Red Mass held yesterday at the Cathedral of St. Matthew the Apostle in Washington, D.C.  The Mass is held each year on the Sunday before the U.S. Supreme Court opens its term. The paper reports:

Archbishop [Wilton D.] Gregory noted, “We pray for all of the members of the judiciary and legal world because yours is the tremendous responsibility of attempting to reflect God’s perfect justice and mercy in interpreting the laws of our nation and for all those who will come before you during this next year.”

Those affected by the administration of justice, he added, include those who may have committed crimes, and “those whose language, culture, race, or religion are not your own, as well as those who are at precarious moment on the spectrum of human life.  None of them are unimportant and all of them approach you for what they hope will be a sign and an expression of God’s truth.”

Four Supreme Court justices attended the Mass: John G. Roberts Jr., Chief Justice of the United States; Associate Justices Clarence Thomas and Stephen G. Breyer; and retired Associate Justice Anthony M. Kennedy.

Also in attendance were U.S. Attorney General William Barr; U.S. Secretary of Labor Eugene Scalia; and U.S. Solicitor General Noel Francisco; along with numerous judges and local attorneys, along with deans, professors and students from area law schools. John Garvey, the president of The Catholic University of America; and John DeGioia, the president of Georgetown University, were also at the Mass.

Cert. Filed By Little Sisters of the Poor Over Contraceptive Mandate Exemption

A petition for certiorari (full text) was filed yesterday, captioned Little Sisters of the Poor Saints Peter and Paul Home v. Commonwealth of Pennsylvania, (U.S. Sup. Ct., filed 10/1/2019). The petition seeks review of the 3rd Circuit's decision in Commonwealth of Pennsylvania v. President of the United States of America which affirmed a district court's entry of a nationwide preliminary injunction against enforcement of the Trump Administration's final rules expanding the scope of the exemptions under the Affordable Care Act for employers having religious or moral objections to contraceptive coverage. (See prior posting.) Little Sisters of the Poor who are seeking Supreme Court review were intervenors in the 3rd Circuit case. (See prior posting.) The petition for review sets out the questions presented:

1. Whether a litigant who is directly protected by an administrative rule and has been allowed to intervene to defend it lacks standing to appeal a decision invalidating the rule if the litigant is also protected by an injunction from a different court?

2. Whether the federal government lawfully exempted religious objectors from the regulatory requirement to provide health plans that include contraceptive coverage?

Becket issued a press release announcing the filing of the cert. petition.

Cert. Filed In Florist's Refusal To Provide Same-Sex Wedding Flowers

A petition for certiorari (full text) was filed with the U.S. Supreme Court yesterday in Arlene's Flowers, Inc. v. State of Washington, (Sup. Ct., cert. filed 9/11/2019).  In the long-running case, the Washington state Supreme Court held that a florist shop's refusal to provide flowers for a same-sex wedding constitutes sexual orientation discrimination under the Washington Law Against Discrimination, and that enforcement of the law does not violate the constitutional rights of the floral shop owner. (See prior posting.) ADF issued a press release announcing the filing of the petition for review.