The Roberts Court

[Berg, Thomas C.]

Direct aid to religious schools and institutions in general: there may be
five votes now for the Thomas plurality opinion in Mitchell v. Helms that
(at least) direct aid on an equal per-capita basis is permissible.  The
direct-aid  vs. private-choice distinction has been relevant in litigation
in the last five years with respect both to education programs (e.g.
Columbia Union College, 4th CIr.) and to social services programs (e.g.
Faith Works case, 7th CIr.), suggesting that a program that tested the
contours or continuing validity of the distinction may be litigated soon.
 
Tom Berg
University of St. Thomas School of Law (MInnesota)

  _____  

From: Marc Stern [mailto:mstern at ajcongress.org]
Sent: Tue 7/25/2006 9:01 AM
To: Law & Religion issues for Law Academics
Subject: RE: The Roberts Court



I would add that an early Establishment Clause challenge to RLUIPA's 
land use provisions seems likely, as does  renewed litigation about 
charitable choice-i.e., the Iowa prison litigation. Perhaps too the 
Court will look at the growing split about the ministerial exception to 
Title VII. 
Marc Stern 

-----Original Message----- 
From: religionlaw-bounces at lists.ucla.edu 
[mailto:religionlaw-bounces at lists.ucla.edu
<mailto:religionlaw-bounces at lists.ucla.edu> ] On Behalf Of Volokh, Eugene 
Sent: Tuesday, July 25, 2006 9:45 AM 
To: Law & Religion issues for Law Academics 
Subject: RE: The Roberts Court 

    I'd think that the government religious speech cases might be coming 
back, because the last attempted resolution (in the Ten Commandments 
cases) is likely to prove quite unadministrable, and because there's a 
decent chance that now there are five votes to jettison the endorsement 
test. 
  
    Eugene 


________________________________ 

        From: religionlaw-bounces at lists.ucla.edu 
[mailto:religionlaw-bounces at lists.ucla.edu
<mailto:religionlaw-bounces at lists.ucla.edu> ] On Behalf Of Tepker, Rick 
        Sent: Tuesday, July 25, 2006 5:38 AM 
        To: religionlaw at lists.ucla.edu 
        Subject: The Roberts Court 
        
        
                What issues concerning the First Amendment's religion 
clauses are likely to be the earliest to come before the Roberts Court? 
I'd appreciate any predictions or guesses from the list. 
        
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