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30 Mar 2021, 5:00 am by Daniel E. Cummins, Esq.
In setting forth this law, the Pennsylvania Superior Court in this case quoted extensively from the recent Pennsylvania Supreme Court decision in the case of Walsh Estate of Walsh v. [read post]
21 Mar 2021, 9:01 pm by Marci A. Hamilton
Smith, which is the decision that religious actors seized upon to secure a right to be above the law. [read post]
7 Jan 2021, 11:26 am by Emanuela Tala
  The United States District Court for the Eastern District of Pennsylvania denied the requested temporary restraining order and preliminary injunction, and in a case titled Fulton v. [read post]
24 Dec 2020, 4:15 am by Howard Friedman
Little Sisters of the Poor Saints Peter & Paul Home v Pennsylvania...; Burwell v Hobby Lobby Stores, Inc....), those cases were not decided under the First Amendment, but under the federal Religious Freedom Restoration Act of 1993....The petitioners rely on language from Justice Gorsuch's concurrence in Masterpiece Cakeshop, joined by Justice Alito, which characterized the Smith rule as "controversial in many quarters".... [read post]
24 Nov 2020, 9:00 pm by Marci A. Hamilton
As Justice Antonin Scalia wrote for the majority in Smith, the First Amendment has never been a license to be a law unto oneself. [read post]
17 Nov 2020, 11:23 am by rainey Reitman
Retrospective locational tracking)  EFF’s Amicus Brief in Commonwealth of Pennsylvania v. [read post]
12 Nov 2020, 8:18 pm by Josh Blackman
[He talked about COVID and Religious Liberty, the Second Amendment, Free Speech, and "Bullying" of the Supreme Court by U.S. [read post]
8 Nov 2020, 12:01 pm by Wally Zimolong
County of Erie Tax Claim Bureau, 59 A.3d 50, 55 (Pa.Cmwlth.2013) (citations omitted); Smith v. [read post]
5 Nov 2020, 6:10 pm by Marty Lederman
  In support of this argument, Mooppan and CSS lawyer Lori Windham repeatedly cited Church of Lukumi Babalu Aye, Inc. v. [read post]
3 Nov 2020, 11:39 pm by Marty Lederman
Later this morning, the Supreme Court will hear argument in the most significant Religion Clause case of the Term, Fulton v. [read post]
21 Oct 2020, 7:10 am by James Romoser
Here’s a round-up of Supreme Court-related news and commentary from around the web: Barrett was trustee at private school with anti-gay policies (Michelle Smith & Michael Biesecker, Associated Press) Supreme Court split in Pa. election case raises questions about how a Justice Barrett would rule (Seung Min Kim & Robert Barnes, The Washington Post) Supreme Court’s Pennsylvania mail ballot ruling tees up test for Barrett (John Kruzel, The Hill) Poll: Majority says… [read post]