Court: Supreme Court of the United States, No. 25-703
Case Status: Ongoing
Center Involvement: Amicus Curiae Brief
Date of Filing: January 16, 2026

On January 16, 2026, the Robertson Center filed an amicus brief in support of a Petition for Certiorari filed by Calvary Chapel in Calvary Chapel San Jose v. California. The case involves First Amendment and Eighth Amendment claims by Calvary Chapel to overturn a $1.2 million fine imposed by Santa Clara County, California, for holding worship services during 2020-2021 COVID-19 lockdowns. The church argued that the County’s actions violate the Free Exercise Clause under Employment Div. v. Smith, and if the Court finds otherwise, it should overrule Smith.  The Center’s brief focuses on reasons to overrule Smith, borrowing from the Center’s merits brief filed in Fulton v. City of Philadelphia.

Court Filings:
25-703 Amicus Brief