First Amendment

Without explanation, without referring the matter to the entire Court, and without calling for a response, Justice Kavanaugh denied a request for an emergency injunction to strike down Illinois Governor Pritzker’s executive order limiting gatherings to 50 people while exempting religious gathering.

Likely Justice Kavanaugh refused to grant the injunction because the standard is high. The Supreme Court only grants...

In fact, Justice Kavanaugh (fairly) describes Justice Breyer as arguing in favor of overruling Reed v. Town of Gilbert (2015).  

In Barr v. American Association of Political Consultants the Supreme Court held 6-3 that the Telephone Consumer Protection Act’s (TCPA) debt-collection exception was content-based, failed strict scrutiny, and therefore violated the First Amendment.

The State and Local Legal Center filed an ...

On Friday night, close to midnight, the Supreme Court in a 5-4 decision rejected a request from a number of California churches to strike down the portion of California governor’s stay-at-home order limiting attendance at places of worship to 25% of building capacity or a maximum of 100 attendees.

Chief Justice Roberts wrote a brief, concurring opinion explaining his vote. First, he noted that the churches face a high bar in obtaining...

In Barr v. American Association of Political Consultants the State and Local Legal Center (SLLC) has filed an amicus brief asking the Supreme Court to narrow its opinion in...

In Fulton v. City of Philadelphia the Supreme Court will decide whether local governments may refuse to contract with foster care agencies who will not work with gay couples…and possibly much, much more.

The City of Philadelphia long contracted with Catholic Social Services (CSS) to place foster care children. The City stopped doing so when it discovered CSS wouldn’t work with same-sex couples. Philadelphia requires...

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