Court: Supreme Court of the United States, No. 19-123
Case status: Resolved in favor of the petitioner, Catholic Social Services
Center involvement: Amicus Curiae
Date of filing: June 3, 2020

Employment Division v. Smith (1990) held that neutral laws of general applicability that encroached on religious liberty did not violate the Free Exercise Clause of the First Amendment. The Center’s brief in Fulton argues that Smith was wrongly decided, has had negative real-world consequences, and has been repudiated by Congress and most states.  Under these circumstances, stare decisis should not prevent the Court from overruling Smith and restoring the meaning of the Free Exercise Clause.

Court Filings:
Link to Brief of Amicus Curiae the Robertson Center for Constitutional Law in Support of Petitioners

Articles and Scholarship:
Bradley J. Lingo & Michael G. Schietzelt, Fulton and the Future of Free Exercise, 33 Regent University Law Review 5 (2020) (SSRN)