Tuesday, May 31, 2005


U.S. Supreme Court upholds RLUIPA

The U.S. Supreme Court handed down a decision today in Cutter v. Wilkinson, a case that deals with the constitutionality of the Religious Land Use and Institutionalized Persons Act of 2000 (affectionately known as "RLUIPA" in ConLaw circles). The Sixth Circuit (which includes Tennessee) had declared Section 3 of RLUIPA unconstitutional on the grounds that Congress did not have the power to single out religious exercise for accommodation. The Supreme Court, in a unanimous opinion authored by Justice Ginsburg, reversed the Sixth Circuit's radical approach to constitutional law. For more on this case, check out SCOTUSblog (an excellent analysis), Ex Post, and The Pew Forum.

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