A petition for certiorari (full text) was filed this week with the U.S. Supreme Court in Apache Stronghold v. United States, (Sup. Ct., filed 9/11/2024). In the case, the U.S. 9th Circuit Court of Appeals sitting en banc
Indiana Trial Court Rejects "As Applied" Challenge to State Abortion Restrictions
Last year, Indiana’s Supreme Court rejected a facial challenge to the state’s 2022 abortion law. In that case, the Indiana Supreme Court held:Article 1, Section 1 protects a woman’s right to an abortion that is necessary to protect her life…
North Dakota Trial Court Says State Abortion Ban Violates State Constitution
In Access Independent Health Services, Inc. v. Wrigley, (ND Dist, Ct., Sept. 12, 2024), a North Dakota state trial court judge held that the state’s current abortion law that bans abortions (with limited exceptions), violates the state constitution. The…
South Carolina Supreme Court: State Scholarship Program for Private School Students Violates State Constitution
In Edison v. South Carolina Department of Education, (SC Sup. Ct., Sept. 11, 2024), the South Carolina Supreme Court in a 3-2 decision held that the state’s Education Scholarship Trust Fund Act violates the state constitution insofar as it…
Maryland Supreme Court Hears Arguments in Challenge to Child Victims Act
On Tuesday, the Maryland Supreme Court heard oral arguments in three related cases that raise the question of whether the Maryland Child Victims Act of 2023 impermissibly abrogated a vested right created by a 2017 statute. The 2023 Act eliminated…
9th Circuit: Requiring Tree Trimming Did Not Violate Plaintiff’s Free Exercise Rights
In Joseph v. City of San Jose, (9th Cir., Sept. 11, 2024), the U.S. 9th Circuit Court of Appeals rejected plaintiff’s claim that enforcement of municipal code restrictions violated his 1st Amendment religious free exercise rights. The court said…
10th Circuit: School Administrator Fired Over Religious Comments Has Discrimination, But Not Retaliation, Claim
In McNellis v. Douglas County School District, (10th Cir., Sept. 10, 2024), the U.S. 10th Circuit Court of Appeals affirmed dismissal of retaliation claims by a high school Assistant Principal/ Athletic Director, but reversed dismissal of his religious discrimination…
Missouri Supreme Court: Abortion Rights Issue Must Appear on November Ballot
The Missouri Supreme Court yesterday ruled that the Missouri’s Right to Reproductive Freedom amendment must appear on the November ballot, reversing a decision by a trial court last week. (See prior posting.) The Supreme Court in Coleman v. Ashcroft,…
USCIRF Report: US Better at Condemning Violations of Religious Freedom Than at Promoting Change
Last week (Sept. 6), the U.S. Commission on International Religious Freedom issued a 28-page report (full text) titled Revisiting the CPC Designation. The report evaluates the effectiveness of the provisions of the International Religious Freedom Act that call…
Muslim Woman Can Move Ahead on Some Challenges to Sheriff’s Booking Photo Policy
In Hague v. Kent County, (WD MI, Sept. 9, 2024), plaintiff, a Muslim woman, challenged the Kent County, Michigan, Sheriff Office’s policy on booking photos for detainees wearing a religious head covering. Two photos were taken, one with the…