I am not assigning this case. Just sharing it with you because it is the most remarkable religious liberty opinion I have ever read. I would gladly join in this opinion.
In this case, a local church was forbidden by the mayor of Louisville, Kentucky from attending Sunday services "even if they remained in their cars--and even though it's Easter." Although the city ordered the church not to have a drive-in service (where people
remain in their cars in the church parking lot), it allowed
drive-through shopping at liquor stores and restaurants. An interesting Lukumi fact pattern.
Federal District Judge Justin Walker issued a TRO enjoining Louisville from enforcing "any prohibition on drive-in church services at On Fire." The opinion explaining the injunction is remarkable. Some will hate it; some will love it. It is the strongest judicial defense of religious liberty as a fundamental human right I have ever read. I wish I had written it!
Here is a link: On Fire Christian Center v. Fischer
I love so much of this opinion, but especially this line, as Judge
Walker explains the spirit of the Pilgrims: "The Pilgrims understood at
least this much: No place, not even the unknown, is worse than any place whose state forbids the exercise of your sincerely held religious beliefs."
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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