Constitutional Law Archives - Robertson Center for Constitutional Law

Robertson Center Celebrates Religious Freedom Victory for Fellowship of Christian Athletes

Regent University — Thu, 14 Sep 2023 19:30:51 +0000

VIRGINIA BEACH, VA (September 14, 2023) – On September 13, 2023, the U.S. Court of Appeals for the Ninth Circuit issued an opinion that handed a significant victory to the Fellowship of Christian Athletes (FCA). The Robertson Center filed two briefs supporting FCA’s arguments and celebrates this victory with them.

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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Robertson Center for Constitutional Law Celebrates Religious Liberty Victory in Groff v. DeJoy

Regent University — Mon, 03 Jul 2023 16:49:44 +0000

This article first appeared on the Regent University News page. View the original publication here.

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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Life in the Law: A Fireside Chat with Scott Stewart, the Mississippi Solicitor General Who Argued the Dobbs Case at the U.S. Supreme Court

Regent University — Thu, 16 Mar 2023 18:38:06 +0000

This article first appeared on the Regent University News page. View the original publication here.

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.

^{Pictured: Mississippi Solicitor General Stewart and Regent Law Dean Brad Lingo.}

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

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Robertson Center for Constitutional Law Impacting Cases at U.S. Supreme Court

Regent University — Tue, 14 Mar 2023 14:34:18 +0000

This article first appeared on the Regent University News page. View the original publication here.

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

About Regent University

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