Document Type
Brief
Publication Date
1-11-2016
Abstract
Nos. 14-1418, 14-1453, 14-1505, 15-35, 15-105, 15-119, & 15-191
Little Sisters of the Poor Home for the Aged v. Sylvia Matthews Burwell
On Writs of Ceriorari to the United States Courts of Appeals for the Third, Fifth, Tenth, and District of Columbia Circuits
From the Summary of Argument
“[I]n a complex society and an era of pervasive governmental regulation, defining the proper realm for free exercise can be difficult.” Burwell v. Hobby Lobby Stores, Inc., 134 S. Ct. 2751, 2781, 2785 (2014) (Kennedy, J., concurring). The Religious Freedom Restoration Act (“RFRA”)2 addresses that difficulty by harmonizing religious freedom and the interests of third parties. RFRA will not exempt free exercise from a law’s command simply because the law substantially burdens religion—nor will it deny a religious exemption simply because the exemption would affect a third party.
Recommended Citation
Brief of Amici Curiae Constitutional Law Scholars In Support of Petitioners, Little Sisters of the Poor Home for the Aged v. Burwell (No. 15-105) (Jan. 11, 2016).
Comments
Date from supremecourt.gov/search.aspx?filename=/docketfiles/15-191.htm
Amici are constitutional law scholars who possess an acute interest in a reasoned development of constitutional doctrine. See the listing in the Appendix on pages 1a–3a, including Notre Dame Law School's Riichard W. Garnett.
Table of Authorities includes:
Richard W. Garnett, Accommodation, Establishment, and Freedom of Religion, 67 VAND. L. REV EN BANC 39 (2014).
William K. Kelley, The Primacy of Political Actors in Accommodation of Religion, 22 U. HAW. L. REV. 403 (2000).