The San José Unified School District stripped the Fellowship of Christian Athletes of its status as a fully recognized student organization at three high schools in the district.  It did so because FCA requires its student leaders to affirm a Statement of Faith.  The Robertson Center filed a friend of the court brief in the Ninth Circuit supporting FCA.

In August 2022, the Ninth Circuit panel ruled in favor of FCA.  But the School District asked the Ninth Circuit to reconsider its decision, and the en banc court agreed to rehear the case.  In early 2023, the Robertson Center filed another friend of the court brief with the en banc Ninth Circuit making First Amendment and Equal Access Act arguments.

This ruling sets an important precedent in a circuit court that was historically one of the most hostile to religious liberty.  It will ensure religious organizations like FCA will be treated the same as other groups in public schools. 

The Robertson Center for Constitutional Law is an academic center within the Regent University School of Law.  Established in 2020, the Center pairs advocacy and scholarship to advance first principles in constitutional law, including originalism, separation of powers, and religious liberty.  The Robertson Center has represented former members of Congress, Christian ministries, and others in briefs before the U.S. Supreme Court and other appellate courts.  Learn more about the work of the Robertson Center at https://constitutionallaw.regent.edu/our-work/.

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VIRGINIA BEACH, VA (June 29, 2023) – The Robertson Center for Constitutional Law celebrates today’s United States Supreme Court ruling in Groff v. DeJoy.  This marks the third consecutive U.S. Supreme Court term in which the Robertson Center has filed a brief in support of the prevailing party.

In February 2023, the Robertson Center and attorneys from McGuireWoods filed a friend-of-the-court brief in support of the petitioner, postal carrier Gerald Groff.  Mr. Groff, an evangelical Christian, was forced to resign from his job after the United States Postal Service refused to accommodate his Sunday Sabbath observance.  The Robertson Center’s brief presented the Center’s original research showing that a ruling in favor of Mr. Groff would benefit working-class religious Americans.  The Robertson Center’s research was also published by the George Mason Law Review Forum and can be found here.

“Today’s ruling is great news for all Americans of faith.  But as our research shows, those in the working class will benefit most.  We were honored to play a small part in correcting a great injustice,” said Brad Lingo, dean of Regent University School of Law and executive director of the Robertson Center for Constitutional Law.  “It was an amazing experience to research and present our findings directly to the U.S. Supreme Court,” said Alex Touchet, a 2022 Regent Law graduate and fellow at the Robertson Center.

About the Robertson Center for Constitutional Law

The Robertson Center for Constitutional Law is an academic center within the Regent University School of Law.  Established in 2020, the Robertson Center pairs advocacy and scholarship to advance first principles in constitutional law, including originalism, separation of powers, and religious liberty.  The Robertson Center has represented former members of Congress, Christian ministries, and others in briefs before the U.S. Supreme Court and other appellate courts.

About Regent University

Founded in 1977, Regent University is America’s premier Christian university, with more than 13,000 students studying on its 70-acre campus in Virginia Beach, Virginia, and online around the world. The university offers associate, bachelor’s, master’s, and doctoral degrees in more than 150 areas of study including business, communication and the arts, counseling, cybersecurity, divinity, education, government, law, leadership, nursing, healthcare, and psychology. Regent University has been ranked the #1 Best Accredited Online College in the United States (Study.com, 2020), the #1 Safest College Campus in Virginia (YourLocalSecurity, 2021), and the #1 Best Online Bachelor’s Program in Virginia for 11 years in a row (U.S. News & World Report, 2023).

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VIRGINIA BEACH, VA (Mar. 16, 2023) – Regent Law welcomed Mississippi Solicitor General Scott Stewart to a “fireside chat” with Dean Brad Lingo on Tuesday, March 14, 2023.  The School of Law’s Robertson Center for Constitutional Law and the Federalist Society sponsored the event.   

Mississippi Solicitor General Stewart is widely known for successfully arguing the landmark case Dobbs v. Jackson Women’s Health Organization before the U.S. Supreme Court—the case that overturned Roe v. Wade and Planned Parenthood v. Casey.

Regent law students, faculty, and staff met in the Robertson Hall Moot Courtroom to hear Dean Lingo and Mississippi Solicitor General Stewart discuss the significance of arguing a case before the highest court and how the resulting decision will shape the future of the nation.  “It was a joy to host my friend and former colleague Scott Stewart and allow him to give our students an insider’s view of one of the most important Supreme Court cases of our time,” said Brad Lingo, Dean of Regent Law. “I hope our students were inspired by his message and his example.” 

After the “fireside chat,” attendees were treated to a meet-and-greet reception with Stewart.  “It was an incredible honor to meet and learn from Mr. Stewart. His message about boldness and character and how they intertwine with law was inspiring,” said Tyler Gustafson, President of the Regent Law chapter of the Federalist Society. “The message further confirmed my call to Regent Law and future calling in the legal field to change the world for Christ.” Mr. Gustafson, a 3L, will clerk on the U.S. Court of Appeals for the Sixth Circuit after he graduates.

About Regent Law

Regent Law’s more than 3,300 graduates practice law in 49 states and over 20 countries and include 38 currently sitting judges.  The School of Law is currently ranked 28^th in the nation for obtaining judicial clerkships and 21^st in the nation for Ultimate Bar Passage. The school offers the Juris Doctor (J.D.) in three-year and part-time formats, an online M.A. in Law, an online M.A. in Financial Planning & Law, an on-campus and online LL.M. in Human Rights, an on-campus and online LL.M. in American Legal Studies, and an online B.A. in Law.

About Regent University

Founded in 1977, Regent University is America’s premier Christian university, with more than 13,000 students studying on its 70-acre campus in Virginia Beach, Virginia, and online around the world. The university offers associate, bachelor’s, master’s, and doctoral degrees in more than 150 areas of study including business, communication and the arts, counseling, cybersecurity, divinity, education, government, law, leadership, nursing, healthcare, and psychology. Regent University has been ranked the #1 Best Accredited Online College in the United States (Study.com, 2020), the #1 Safest College Campus in Virginia (YourLocalSecurity, 2021), and the #1 Best Online Bachelor’s Program in Virginia for 11 years in a row (U.S. News & World Report, 2023).

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VIRGINIA BEACH, VA (Mar. 14, 2023) – The Robertson Center for Constitutional Law just had its most active month since it was established in June of 2020.  In the past month, the Robertson Center filed a U.S. Supreme Court amicus brief in Groff v. DeJoy, filed an amicus brief in support of the Fellowship of Christian Athletes in a case before the U.S. Court of Appeals for the Ninth Circuit, and represented two former members of Congress in a Department of Health and Human Services rulemaking proceeding regarding the conscience rights of healthcare workers.

The Robertson Center pairs scholarship and advocacy to promote first principles in constitutional law. The amicus brief in Groff v. DeJoy was the fifth U.S. Supreme Court amicus brief filed by the Robertson Center in less than three years. “It was an incredible learning experience to work on a U.S. Supreme Court brief and present our original research directly to the Court,” said Alex Touchet, Constitutional Law Fellow at the Robertson Center. “I can’t imagine a better way to start my legal career.”

“We launched the Robertson Center less than three years ago.  In that short time, we’ve already established a national reputation for excellence.  As our reputation has grown, so too have the opportunities for our faculty and students to participate in some high-profile matters,” said Brad Lingo, dean of Regent University’s School of Law.

Here’s a look at the Robertson Center’s recent matters:

Supreme Court Amicus Brief in Groff v. DeJoy, No. 22-174

The Robertson Center filed an amicus brief on February 28 asking the Supreme Court to overturn Trans World Airlines, Inc. v. Hardison, a 1977 case that weakened Title VII’s protections for religious employees.  The brief describes the Robertson Center’s original research showing that more than 80% of religious accommodation claims are brought by working-class Americans.  The brief asks the Court to restore the protections provided by the plain language of Title VII before religious, working-class Americans suffer more harm.

Ninth Circuit Amicus Brief in Fellowship of Christian Athletes v. San José Unified School District Board of Education, No. 22-15827

This is the second amicus brief the Robertson Center has filed before the Ninth Circuit in Fellowship of Christian Athletes.  The first brief, filed in 2022, supported the Fellowship of Christian Athletes student club on appeal after San José Unified School District stripped the club of its status as a fully recognized student organization at three high schools in the district.

After the en banc Ninth Circuit agreed to rehear the case, the Robertson Center filed this amicus brief on February 22 to reiterate its First Amendment and Equal Access Act arguments and to clarify aspects of the Equal Access Act that the lower court and the School District got wrong.

Written Comment Regarding the Department of Health and Human Services’ Notice of Proposed Rulemaking: Safeguarding the Rights of Conscience as Protected by Federal Statutes, 88 Fed. Reg. 820

The Robertson Center filed a written comment on behalf of Senator Daniel Coats and Representative David Weldon in a Department of Health and Human Services rulemaking proceeding. This comment comes three years after the Center filed an amicus brief in the Second Circuit on behalf of Senator Coats and Representative Weldon in New York v. U.S. Department of Health & Human Services in 2020.  There, the Center argued in support of the Department’s 2019 rule that enforced various federal conscience protections, including the Coats-Snowe Amendment and the Weldon Amendment.

Here, Senator Coats’ and Representative Weldon’s comment asks the Department to reject the erroneous reasoning put forth in the Department’s 2023 Notice of Proposed Rulemaking and to retain the protections provided by the 2019 iteration of that rule.

Learn more about the work of the Robertson Center for Constitutional Law at https://constitutionallaw.regent.edu/our-work/.

About the Robertson Center for Constitutional Law

The Robertson Center for Constitutional Law is an academic center within the Regent University School of Law.  Established in 2020, the Robertson Center pairs advocacy and scholarship to advance first principles in constitutional law, including originalism, separation of powers, and religious liberty.  The Robertson Center has represented former members of Congress, Christian ministries, and others in briefs before the U.S. Supreme Court and other appellate courts.

About Regent University

Founded in 1977, Regent University is America’s premier Christian university, with more than 13,000 students studying on its 70-acre campus in Virginia Beach, Virginia, and online around the world. The university offers associate, bachelor’s, master’s, and doctoral degrees in more than 150 areas of study including business, communication and the arts, counseling, cybersecurity, divinity, education, government, law, leadership, nursing, healthcare, and psychology. Regent University has been ranked the #1 Best Accredited Online College in the United States (Study.com, 2020), the #1 Safest College Campus in Virginia (YourLocalSecurity, 2021), and the #1 Best Online Bachelor’s Program in Virginia for 11 years in a row (U.S. News & World Report, 2023).

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Building a Case for Excellence

Since its founding two years ago, the Robertson Center for Constitutional Law has played a key role in landmark Supreme Court decisions.

When Regent University’s School of Law established the Robertson Center for Constitutional Law in 2020, the goal was to advance America’s first principles, including limited government, originalism, separation of powers, and religious liberty. Fast forward two years, and this academic center—that pairs scholarship and advocacy—is already making a historical impact on landmark Supreme Court cases.

“There has never been a better time to be a conservative, constitutional litigator. There’s a tremendous amount of opportunities,” says Brad Lingo, dean of Regent University School of Law and the first executive director of the Robertson Center for Constitutional Law. “We launched the Center to do three things. One, train the next generation of advocates. Two, be a beacon of light to the legal academy. Three, influence the broader culture. The way we do that is by pairing scholarship and advocacy from a conservative Christian perspective. That’s really what makes our Center unique.”

Lingo adds that students can receive real-life experience and training by working on cutting-edge matters of constitutional law. Since its founding, the Robertson Center has already represented former members of Congress, Christian ministries, and others in seven briefs before the United States Supreme Court and federal appellate courts. 

On July 28, 2021, the Center partnered with the Christian Legal Society and the late Judge Kenneth Starr to file an amicus brief with the Supreme Court in Dobbs v. Jackson Women’s Health Organization. Dobbs was the most significant abortion-related case since the landmark Roe v. Wade decision legalized the procedure nationwide in 1973.

The Robertson Center’s second of four amicus briefs before the Supreme Court argued that states should be allowed to craft abortion policy through the democratic process rather than through the courts. In the Dobbs decision, the justices ruled 6-3 that a Mississippi law prohibiting most abortions after 15 weeks was constitutional, overturning Roe v. Wade.

“This was a generational victory for the pro-life movement and the rule of law,” Lingo insists. “In the Dobbs case, we wrote the amicus brief and then wrote a scholarly article on some of the same topics. Our academic work helps reinforce and give credibility to our advocacy, and our advocacy work feeds into our scholarship. In all of that, a really important, underlying thing we’re trying to do is train students. They’re getting an up-close look working with us.”

The Center is named in honor of Dr. M.G. “Pat” Robertson, Regent University’s founder, chancellor and CEO. For more than half a century, the Yale Law School graduate has served as a strong, vocal advocate for religious freedom and the rule of law around the world.

“Regent University School of Law was established to train leaders to defend our Constitution and the principles upon which our nation was founded,” Robertson said in 2020. “The creation of the Center is one more step toward fulfilling that mission.”

In addition to serving as the Center’s executive director for the past two years, Lingo is a Regent Law faculty member and was named the 2022 Professor of the Year by the university’s student bar association. In June, the Harvard Law School graduate was appointed dean of the School of Law. This fall, new Regent Law Professor Erin Morrow Hawley joined the Robertson Center as a senior fellow.

“It’s a wonderful opportunity for Regent students to contribute to the legal and academic debate,” Hawley told Impact. “I think there’s a huge need for law schools like Regent that focus, not only on academic excellence but also on equipping Christians to live out their calling as attorneys, lawyers and policymakers.”

In addition to her new roles at Regent, Hawley serves as senior counsel to the appellate team at Alliance Defending Freedom and as senior legal fellow at the Independent Women’s Forum. She also holds impressive academic credentials and has litigated extensively before the Supreme Court.

“It’s fantastic to be able to teach students and especially to be invested in the Center, where they get hands-on experience in crafting and making arguments and making an impact on the legal system and on court cases,” Hawley said.

In addition to submitting four amicus briefs to the Supreme Court and three to lower federal appellate courts since its founding, the Robertson Center also has published five scholarly articles in respected law journals. And, through the Center’s internship program, Lingo, Hawley, and others are mentoring the next generation of attorneys who will defend the rights and principles enshrined in the Constitution.

“It has been an incredible learning experience to observe leading Christian constitutional lawyers strategize and craft a Supreme Court brief,” says Gabrielle Bruno (LAW ’23), a third-year student at Regent Law and Center intern. “My experience with the Center has deepened my understanding of appellate advocacy and sparked a passion for getting more involved in this work.”

Bruno adds, “The Center works tremendously hard to impact our country and influence our culture while simultaneously providing unique educational opportunities for the students at Regent’s School of Law.”

“This kind of academic environment—working on important constitutional issues and writing amicus briefs before courts of appeals and the Supreme Court—was really exciting to me,” says Alex Touchet (LAW ’22), a former intern who will serve as a fellow for the Robertson Center this fall.

The Robertson Center for Constitutional Law is providing opportunities for Regent Law students like Bruno and Touchet to get real-world, firsthand experience working on Supreme Court and appellate court briefs.

“I think the Robertson Center is just going to be able to build upon the success it has enjoyed in a short time period under Lingo’s leadership,” Hawley predicts. “We’re going to continue to present the courts with really strong arguments on why religious liberty, in particular, is one of the core, and fundamental, promises of the First Amendment. That amendment—and its protection of both free speech and religious liberty—allow us to have all of the other freedoms and protections in the Bill of Rights.”

Lingo, who litigated pro bono and religious-liberty cases while in private practice, acknowledges that additional financial support is needed to continue university-led scholarship and advocacy to preserve, protect and uphold the Constitution.

“We’ve earned the respect of many in the religious-liberties bar. That’s been a successful phase one,” he explains. “For phase two, I would like to see us grow. What we’ve learned over the past two years is that there’s a tremendous need for this sort of work. There are not many people or organizations that are willing and able to participate in high-profile, religious-liberties matters. Our Center has demonstrated that we can do it right.”

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The Robertson Center for Constitutional Law collaborated with the Christian Legal Society to file an important friend-of-the-court brief in support of the prevailing party. The Center’s brief argued that the Court should overrule Roe and Casey and allow states to craft abortion policy through the democratic process.  The Court agreed.

“This is a generational victory for the pro-life movement and the rule of law,” said Brad Lingo, dean of Regent University School of Law and executive director of the Robertson Center for Constitutional Law.   “We were honored to partner with the Christian Legal Society and the Hon. Kenneth Starr on our brief,” said Mike Schietzelt, the Robertson Center’s constitutional law fellow—who co-authored the Center’s brief with Dean Brad Lingo, Judge Kenneth Starr, and Kim Colby of the Christian Legal Society.

The Center’s brief in Dobbs is one of four Supreme Court matters that the Robertson Center has worked on in the past two years.  “The Center provides Regent students and faculty with an extraordinary platform to work on important constitutional law matters.  We look forward to continuing this important work as we train the next generation of advocates,” said Dean Lingo.

The Robertson Center for Constitutional Law is an academic center within the Regent University School of Law.  Established in 2020, the Center pairs advocacy and scholarship to advance first principles in constitutional law, including originalism, separation of powers, and religious liberty.  The Robertson Center has represented former members of Congress, Christian ministries, and others in briefs before the U.S. Supreme Court and other appellate courts.  Learn more about the work of the Robertson Center at https://constitutionallaw.regent.edu/our-work/.

About Regent University

Founded in 1978, Regent University is America’s premier Christian university with more than 11,000 students studying on its 70-acre campus in Virginia Beach, Virginia, and online around the world.  The university offers associate, bachelor’s, master’s, and doctoral degrees in more than 150 areas of study including business, communication and the arts, counseling, cybersecurity, divinity, education, government, law, leadership, nursing, healthcare, and psychology.  Regent University, ranked among top national universities (U.S. News & World Report, 2020), is one of only 23 universities nationally to receive an “A” rating for its comprehensive liberal arts core curriculum.

About Regent Law

Regent Law’s more than 3,300 graduates practice law in 49 states and over 20 countries and include 38 currently sitting judges.  The School of Law is currently ranked 22^nd in the nation for obtaining judicial clerkships and ranked 20^th in the nation for Ultimate Bar Passage in 2019.  The school offers the Juris Doctor (J.D.) in three-year and part-time formats, an online M.A. in Law, an online M.A. in Financial Planning & Law, an on-campus and online LL.M. in Human Rights, and an on-campus and online LL.M. in American Legal Studies.

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The Robertson Center’s brief specifically asks the Court to revisit Employment Division v. Smith, a thirty-year-old case that fundamentally altered the understanding of the Free Exercise Clause.  “Even as they respond to the COVID–19 pandemic, those who govern us must not ignore the good-faith objections of religious Americans,” said Brad Lingo, executive director of the Robertson Center for Constitutional Law. “This case illustrates how Smith continues to plague our Free Exercise law and provides another chance for the Court to remind Americans that the Free Exercise Clause means what it says.”

This is the sixth brief—and fourth U.S. Supreme Court brief—filed by the Robertson Center for Constitutional Law since the Center was established in the summer of 2020. 

The Robertson Center for Constitutional Law is an academic center within the Regent University School of Law. The center pairs advocacy and scholarship to advance first principles in constitutional law, including originalism, separation of powers, and religious liberty. The Robertson Center has represented former members of Congress, Christian ministries, and others in briefs before the U.S. Supreme Court and circuit courts of appeals. Learn more about the work of the Robertson Center at https://constitutionallaw.regent.edu/our-work/.

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About Regent University

Founded in 1978, Regent University is America’s premier Christian university with more than 11,000 students studying on its 70-acre campus in Virginia Beach, Virginia, and online around the world. The university offers associate, bachelor’s, master’s, and doctoral degrees in more than 150 areas of study, including business, communication and the arts, counseling, cybersecurity, divinity, education, government, law, leadership, nursing, healthcare, and psychology. Regent University, ranked among top national universities (U.S. News & World Report, 2020), is one of only 23 universities nationally to receive an “A” rating for its comprehensive liberal arts core curriculum.

About Regent Law

Regent Law’s more than 3,300 graduates practice law in 49 states and over 20 countries and include 38 currently sitting judges. The School of Law is currently ranked 22^nd in the nation for obtaining judicial clerkships and ranked 20^th in the nation for Ultimate Bar Passage in 2019. The school offers the Juris Doctor (J.D.) in three-year and part-time formats, an online M.A. in Law, an online M.A. in Financial Planning & Law, an on-campus and online LL.M. in Human Rights, and an on-campus and online LL.M. in American Legal Studies.

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“The freedom to worship and the freedom to work are core American values,” said Professor Mike Schietzelt, constitutional law fellow of the Robertson Center for Constitutional Law. “We’re honored to represent the Jewish Coalition for Religious Liberty in advocating for religious liberty for people of all faiths.”

This is the fifth brief—and third U.S. Supreme Court brief—filed by the Robertson Center for Constitutional Law since the Center was established in May of 2020. 

The Robertson Center for Constitutional Law is an academic center within the Regent University School of Law. The center pairs advocacy and scholarship to advance first principles in constitutional law, including originalism, separation of powers, and religious liberty. The Robertson Center has represented former members of Congress, Christian ministries, and others in briefs before the U.S. Supreme Court and circuit courts of appeals. Learn more about the work of the Robertson Center at https://constitutionallaw.regent.edu/our-work/.

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About Regent University

Founded in 1978, Regent University is America’s premier Christian university with more than 11,000 students studying on its 70-acre campus in Virginia Beach, Virginia, and online around the world. The university offers associate, bachelor’s, master’s, and doctoral degrees in more than 150 areas of study, including business, communication and the arts, counseling, cybersecurity, divinity, education, government, law, leadership, nursing, healthcare, and psychology. Regent University, ranked among top national universities (U.S. News & World Report, 2020), is one of only 23 universities nationally to receive an “A” rating for its comprehensive liberal arts core curriculum.

About Regent Law

Regent Law’s more than 3,300 graduates practice law in 49 states and over 20 countries and include 38 currently sitting judges. The School of Law is currently ranked 22^nd in the nation for obtaining judicial clerkships and ranked 20^th in the nation for Ultimate Bar Passage in 2019. The school offers the Juris Doctor (J.D.) in three-year and part-time formats, an online M.A. in Law, an online M.A. in Financial Planning & Law, an on-campus and online LL.M. in Human Rights, and an on-campus and online LL.M. in American Legal Studies.

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Many court watchers view Dobbs as the most significant abortion case that the Supreme Court has taken in decades. In Dobbs, the court will consider the constitutionality of a Mississippi law prohibiting most abortions after 15 weeks. 

“Dobbs is the most significant abortion-related case in a generation,” said Professor Brad Lingo, executive director of the Robertson Center for Constitutional Law. “We’re grateful that the Robertson Center could play such a meaningful role and do it with a partner like the Christian Legal Society. We’re asking the Supreme Court to restore our constitutional traditions and return to the people the role of determining abortion-related policy.”

The work provided an opportunity for Regent Law students to get firsthand experience working on a Supreme Court brief. “It was an incredible learning experience to observe leading Christian constitutional lawyers strategize and craft a Supreme Court brief,” stated Gabrielle Bruno, a rising second-year student at Regent Law who serves as an intern at the Robertson Center for Constitutional Law. “My experience with the center deepened my understanding of appellate advocacy and sparked a passion to get more involved in this work.”

The Robertson Center for Constitutional Law is an academic center within the Regent University School of Law. Established in 2020, the center pairs advocacy and scholarship to advance first principles in constitutional law, including originalism, separation of powers, and religious liberty. The Robertson Center has represented former members of Congress, Christian ministries, and others in briefs before the U.S. Supreme Court and circuit courts of appeals. Learn more about the work of the Robertson Center at https://constitutionallaw.regent.edu/our-work/.

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About Regent University

Founded in 1978, Regent University is America’s premier Christian university with more than 11,000 students studying on its 70-acre campus in Virginia Beach, Virginia, and online around the world. The university offers associate, bachelor’s, master’s, and doctoral degrees in more than 150 areas of study, including business, communication and the arts, counseling, cybersecurity, divinity, education, government, law, leadership, nursing, healthcare, and psychology. Regent University, ranked among top national universities (U.S. News & World Report, 2020), is one of only 23 universities nationally to receive an “A” rating for its comprehensive liberal arts core curriculum.

About Regent Law

Regent Law’s more than 3,300 graduates practice law in 49 states and over 20 countries and include 38 currently sitting judges. The School of Law is currently ranked 22^nd in the nation for obtaining judicial clerkships and ranked 20^th in the nation for Ultimate Bar Passage in 2019. The school offers the Juris Doctor (J.D.) in three-year and part-time formats, an online M.A. in Law, an online M.A. in Financial Planning & Law, an on-campus and online LL.M. in Human Rights, and an on-campus and online LL.M. in American Legal Studies.

The post Robertson Center Files U.S. Supreme Court Brief Advocating for the Unborn appeared first on Robertson Center for Constitutional Law.

“As these cases demonstrate, the center gives our students and faculty a platform to influence some of today’s most important matters of constitutional law,” stated Mark Martin, dean of Regent University School of Law. “We celebrate this work today and will continue our advocacy to preserve, protect, and uphold the Constitution of the United States.”

The U.S. Supreme Court issued a long-awaited decision concerning religious liberty on June 17. It came in the form of a unanimous 9-0 ruling in favor of Catholic Social Services and foster mothers Sharonell Fulton and Toni Simms-Busch in Fulton v. City of Philadelphia. The Robertson Center filed an important brief in June 2020 in support of the prevailing parties. 

The Robertson Center’s brief argued that the Court should overrule Employment Division v. Smith, a 1990 case that eroded protections for the free exercise of religion. In December 2020, the Robertson Center built on that brief by publishing an article in the Regent University Law Review exploring developments since Smith was decided thirty years ago. Although the Court in Fulton stopped short of overruling Smith, Fulton was the first U.S. Supreme Court decision in which a majority of Supreme Court Justices agreed that Smith should be overruled.

“It was a heartening surprise to see every single Supreme Court Justice rule in favor of religious liberty,” said Brad Lingo, professor at Regent University School of Law and executive director of the Robertson Center for Constitutional Law. “It’s rewarding to know that our advocacy mattered in this case.”

The same day as the U.S. Supreme Court ruling, the Robertson Center also filed a friend-of-the-court brief with the Ninth Circuit Court of Appeals in Maxon v. Fuller Theological Seminary. In this case, the Robertson Center represented Campus Crusade for Christ, Intervarsity Christian Fellowship, Chi Alpha Ministries, and Young Life in defending the importance of the First Amendment’s rights of assembly and expressive association. 

The Robertson Center for Constitutional Law is an academic center within the Regent University School of Law. Established in 2020, the Center pairs advocacy and scholarship to advance first principles in constitutional law, including originalism, separation of powers, and religious liberty. The Robertson Center has represented former members of Congress, Christian ministries, and others in briefs before the U.S. Supreme Court and circuit courts of appeal. Learn more about the work of the Robertson Center at https://constitutionallaw.regent.edu/our-work/.

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About Regent University

Founded in 1978, Regent University is America’s premier Christian university with more than 11,000 students studying on its 70-acre campus in Virginia Beach, Virginia, and online around the world. The university offers associate, bachelor’s, master’s, and doctoral degrees in more than 150 areas of study including business, communication and the arts, counseling, cybersecurity, divinity, education, government, law, leadership, nursing, healthcare, and psychology. Regent University, ranked among top national universities (U.S. News & World Report, 2020), is one of only 23 universities nationally to receive an “A” rating for its comprehensive liberal arts core curriculum.

About Regent Law

Regent Law’s more than 3,300 graduates practice law in 49 states and over 20 countries and include 38 currently sitting judges. The School of Law is currently ranked 22^nd in the nation for obtaining judicial clerkships and ranked 20^th in the nation for Ultimate Bar Passage in 2019. The school offers the Juris Doctor (J.D.) in three-year and part-time formats, an online M.A. in Law, an online M.A. in Financial Planning & Law, an on-campus and online LL.M. in Human Rights, and an on-campus and online LL.M. in American Legal Studies.

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