Sunday, October 03, 2021

Interesting Supreme Court Term Opens Tomorrow

The U.S. Supreme Court's Fall Term opens tomorrow morning. Several cases important to Religion Clause readers will be heard this term. (Others may be added to the Court's docket in coming weeks or months. Also emergency petitions of interest are likely to arise on the Court's so-called "Shadow Docket" during the Term.)  Here are the cases of interest the Court has agreed to hear so far, with links to the SCOTUSblog case page for each. (Links to all the pleadings in the case and other relevant material can be found on the case page):

Cameron v. EMW Women’s Surgical Center, P.S.C.  In the case, the U.S. 6th Circuit Court of Appeals refused to allow the state attorney general to intervene to defend the constitutionality of a Kentucky statute which banned D&E abortions prior to fetal demise.

Ramirez v. Collier A convicted murderer is suing for permission to have his pastor lay hands on him in the Texas execution chamber as he receives a lethal injection and dies.

Federal Bureau of Investigation v. Fazaga: This case grows out of a suit for damages against FBI agents for discriminatory surveillance of Muslims in California. The issue for the Supreme Court is whether a provision in FISA displaces the state secrets privilege to allow the district court to move ahead in camera, rather than dismissing the claims.

Dobbs v. Jackson Women’s Health Organization: This is a challenge to Mississippi's abortion law that bars most abortions after 15 weeks of gestation.  The question before the Court is framed as whether there can be any ban on pre-viability abortions.

Carson v. Makin: At issue is whether Maine can exclude schools that provide religious instruction from participating in a program that pays tuition to out-of-district public or private high schools for students whose districts do not operate a high school.

Shurtleff v. Boston: Here a Christian organization is suing because the city of Boston refused to allow it to raise its "Christian" flag on a city hall flagpole that is open to private organizations for temporary flag-raising ceremonies.

In anticipation of the new Term, the Roman Catholic Archdiocese of Washington and the John Carroll Society will present the 69th Annual Red Mass today at 10:00 am. Several Justices usually attend. It will be livestreamed on YouTube. The National Law Journal has background and more information on this year's Mass.