Monday, December 26, 2016

Cert Filed In RFRA Case Decided By Armed Forces Court of Appeals

On Dec. 23, a petition for certiorari (full text) was filed with the U.S. Supreme Court in United States v. Sterling.  In the case, the U.S. Court of Appeals for the Armed Forces held that a Marine Lance Corporal failed to establish a prima facie case under RFRA in defending against charges growing out of her work space posting of unauthorized signs containing Biblical quotations. (See prior posting.)  The petition for review by the Supreme Court frames the question presented as:
whether the existence of a forced choice between what religion and government command is necessary to establish a "substantial burden" under the Religious Freedom Restoration Act.
Independent Journal Review reports on the filing of the cert. petition.