Supreme Court Rules on Religious Rights of Prisoners

In a unanimous decision today, the United States Supreme Court ruled that the refusal of the Arkansas Department of Corrections to allow Muslim inmate Gregory Holt to grow and keep a short beard for religious reasons violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), specifically 42 U.S.C 2000cc-1, despite the Department's claim that the restriction was necessary for security reasons such as keeping contraband out of its prisons. The full opinion in Holt v. Hobbs, including the concurrences of Justices Ginsburg and Sotomayor, is available here.

For a clear understanding of this interesting case and its implications, a good starting point is Amy Howe's SCOTUSblog post, "A Unanimous Court Endorses Religious Liberties in Prison: In Plain English." And for those interested in keeping up with cases involving religion and the Constitution and related church-state and religious liberty issues, I also recommend Religion Clause, one of only 30 legal blogs comprising ABA Journal's 2014 Blawg 100 Hall of Fame.

Ernster, the Virtual Library Cat

Epidemics, Police Powers, and Public Health Law

A state's police powers to safeguard the public health, the legal source of quarantines, vaccine requirements, and other such measures, drew widespread interest this week with the ongoing Ebola epidemic.  Even when considered carefully in the light of scientific knowledge, these powers are often pitted against the civil liberties of the individuals to be quarantined or vaccinated. 

Yesterday, a Maine District Court judge ruled in favor of a nurse recently returned home from treating Ebola patients in West Africa.  She had challenged Maine's governor and state health officials who wanted her to continue in "in home" quarantine, not going to work or out in public, for 21 days, although she had never exhibited any symptoms of Ebola.  The judge ruled that pending a scheduled hearing, she need only submit to "direct active monitoring" as defined by the U.S. Centers for Disease Control, including coordination of her travel with public health authorities.  Read the judge's order here.

A brief introduction to public health police powers, and the landmark 1905 U.S. Supreme Court case that addressed these issues during a deadly smallpox epidemic, is provided by this recent Fortune article based on an interview with law professor Lawrence Gostin of Georgetown University. It also references Professor Gostin's 2005 article, "Jacobson v. Massachusetts at 100 Years: Police Power and Civil Liberties in Tension" (95 Am. J. Pub. Health 576 (2005)), which further explores the legal issues confronted in the Jacobson case and in cases taken from today's headlines.     

Ernster, the Virtual Library Cat

9/11 and the law

Today marks the 10th anniversary of 9/11, for New Yorkers and many around the world it is a day of remembrance. It is also a day of reflection in which many of us will examine the impact of the attacks on our daily lives. As attorneys and law students, we also see the legal ramifications on our individual rights and liberties. The New York Law Journal recently published a number of essays in a special report entitled "9/11 and the Law: The Impact on How Lawyers Do Business and Courts Dispense Justice." This special report consists of a number of essays written by judges, legal directors and other attorneys. Each essay discusses the balance between liberty and security within the realm of the government's post-9/11 policies. Read the full article here.
Ernster, the Virtual Library Cat

Wham! Pow! Zoom! A Superhero Registration Act?

Exam period is near. Take a study break to consider the legal issues that arise in Marvel Universe when Capital Hill proposes that all costumed heroes unmask themselves before the government! In Civil war: a Marvel Comics event, superheroes clash with one other as they struggle towards a decision that will change the Marvel Universe ... forever!

Civil war is located in the library's reserve collection, ask for it at the the circulation desk.




Ernster, the Virtual Library Cat