Trinity Lutheran v. Pauley was one of the most anticipated cases on the Supreme Court’s calendar this term. Although the Court agreed to hear this case in January 2016 and briefing for this case has long been complete, the Court just recently scheduled the case for oral argument in April 2017. The Court was likely waiting for a ninth justice to join the bench before considering the case to avoid a 4-4 tie.

Now that this case has been scheduled, we can jump into the fun part: the merits of Trinity Lutheran‘s arguments.

At center of this religious liberty case is a Missouri program that provides grant money to qualifying groups so that they can purchase recycled tires to build rubber surface materials. Trinity Lutheran applied for this grant so that it could acquire material to build a safer playground on its property. Students from its daycare and community members would use the newly resurfaced playground. In the application process, Trinity Lutheran ranked fifth out of forty-four applicants. The state was supposed to award fourteen grants. But Trinity Lutheran did not receive the grant. Missouri categorically barred Trinity Lutheran from receiving a grant because it is a religious institution. Continue reading →

One year ago today, the world lost Justice Antonin Scalia. The late Justice Scalia was a giant. His sharp, witty, and brash dissents will influence law students for generations. Whether he was pointing out the wolf that came as a wolf or warning you of jiggery-pokery, he was always able to keep readers engaged. Certainly, some claim that Justice Scalia is overrated. Pure applesauce.

Today, many will take time to reflect on Justice Scalia’s legacy. On the first anniversary of his death, I just want to share my favorite “Scaliaism”—his opening from his concurrence in Schuette v. BAMN:
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The Federalist Society posted a blog post that my colleague David Dewhirst and I wrote on a follow up case to Friedrichs v. California Teachers Association. That case asked the Court whether to overrule Abood v. Detroit Board of Education, which held that the state can compel public employees to pay the agency fee for collective bargaining as condition of employment. Since Abood was decided in 1977, it has come under heavy criticism, and it looked like the Court would overrule it in  Friedrichs. Unfortunately, after Friedrichs was fully briefed and oral argument was held, Justice Antonin Scalia passed away. The Court eventually deadlocked 4-4, and Abood survived another day.

David and I explain the problems with Abood and a case that may soon be heard by the Court that will finish off what Friedrichs started. As David and I explain, if the Senate confirms Judge Neil Gorsuch, “it would appear–once again–that Abood is operating on life support.” You can read the full post here.