Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania; Trump v. Pennsylvania - Supreme Court of the United States (Nos. 19-431 and 19-454)
Briefs and Court Filings
Lurking behind the regulatory issues presented by this appeal is a concerted effort to displace the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq. ("RFRA"), with a novel approach that would trivialize a law's burden on religion. The Court should not indulge it.
The critics' argument suffers from several analytical defects that can be remedied by (1) a proper constitutional understanding of RFRA's relationship to the Establishment Clause; (2) an accurate understanding of how the Religion Clauses safeguard third-party interests; and (3) the correct application of these understandings to the Final Rules.
Forte, David F.; Colombo, Ronald J.; Epstein, Richard; Esbeck, Carl H.; George, Robert P.; Glendon, Mary Ann; McCall, Brian; Scaldo, Stacy; and Smith, Steven, "Brief of Constitutional Law Scholars as Amici Curiae in Support of Petitioners" (2020). Law Faculty Briefs and Court Documents. 21.