Amidst our nation’s COVID-induced challenges, the Supreme Court has done something unprecedented: it has decided to hear 10 cases this spring, telephonically. The Court’s decision to operate flexibly is significant; for the first time in history, oral arguments will be held over the phone and broadcast by C-SPAN so that anyone can listen. This is temporary. We fully expect arguments for our foster care agency case, slated for fall, to happen in-person and in the courtroom—without live audio. But we hope you will take advantage of this rare opportunity to hear three of our cases argued live!
You read that right. While there are 20 cases left on the Court’s spring docket, it has chosen to hear only 10 of the more “urgent” matters telephonically, including three of Becket’s cases. Our three cases (two of them combined for their hearing) focus on the right of religious schools to select the teachers who will convey their faith free from government interference and on the Little Sisters of the Poor and their still-ongoing battle against the federal contraception mandate. I can’t tell you how pleased I am that the Court has agreed that these cases deserve immediate attention, especially for the Little Sisters. You can participate by tuning in to C-SPAN on May 6 for the Little Sisters’ argument and on May 11 for the religious schools’ argument. Details to follow.
For many Americans, the COVID-19 pandemic has meant that religious liberty conflicts are hitting closer to home. Government and elected officials should not be making decisions in a panic or forgetting their oath to uphold the Constitution. The First Amendment stands, pandemic or not. At Becket, we are closely monitoring all mentions of religious institutions and possible violations of religious liberty. We are aware of the sacrifices churches are making to avoid viral transmissions in the name of loving their neighbors. While there are many examples of churches supporting government efforts right now—with churches taking services online, offering dispensations for receiving sacraments, and even converting drive-in movie theaters into socially distanced outdoor churches—there are also examples of government leaders going overboard by targeting religious activities that pose no threat to health or safety. And, the generally dismissive treatment of religious liberty by the press right now is an indication that something is more widely amiss.
Our current Supreme Court cases provide a good lens for looking at how government should interact with religious institutions. Sometimes, it makes sense for the government to partner with them—like New York City working with Samaritan’s Purse to build tent hospitals in Central Park. But other times, it’s best for the government to simply get out of the way, allowing religious groups like the Little Sisters to serve the elderly poor and dying, as only they can.
What’s happening at Becket
Pajama party at SCOTUS. A handful of attorneys, including our very own Eric Rassbach, are preparing for historic appearances at the Supreme Court—by telephone! This new format is sure to present challenges, even for seasoned Supreme Court advocates. But on the plus side, everyone’s invited—and those of you listening from home can wear your pajamas.
SCOTUS arguments LIVE. Make sure you tune in on May 6th and 11th to hear oral argument in our cases. C-SPAN will be broadcasting telephonic arguments live. I will send you more information, but save the dates!
POSTPONED. Due to the COVID-19 pandemic, we will be postponing our annual Canterbury Medal Gala honoring Senator Orrin Hatch. The new date will be announced soon. In the meantime, check out what Senator Hatch is up to these days—spreading hope in the midst of the pandemic with an op-ed for the Washington Examiner.
Becket in the News
Render unto Caesar—but watch Caesar closely. Becket’s Luke Goodrich teamed up with Russell Moore at ERLC to put together a Q&A for churches grappling with government restrictions during the coronavirus pandemic. Even as we take extra measures to keep each other safe, the government shouldn’t forget its constitutional obligation to respect religious exercise.
Civic responsibility vs. civil liberties. Churches across the country are taking services online in compliance with state and local restrictions on public gatherings. How strong would the government’s case be if a church doesn’t comply? Elana Schor writes for the Associated Press, quoting Becket’s Luke Goodrich and UCLA law professor Eugene Volokh as they weigh in on the question.
“That’s above my pay grade” New Jersey Governor Phil Murphy punted on a Constitutional question when pressed on his decision to ban all religious gatherings, admitting that he hadn’t considered the Bill of Rights. CNA’s Christine Rouselle wrote-up the story, quoting our own Mark Rienzi, who reminded readers that Governor Murphy took an oath to uphold the Constitution.
What we’re reading
A word from behind the walls. In an interview for the National Review, Kathryn Jean Lopez checks in with Sister Constance Veit, LSP, director of communications of the Little Sisters of the Poor. The Little Sisters are hunkered down in their homes and working tirelessly to preserve the physical and spiritual health of their vulnerable residents during the pandemic.
Pushing the limits? The Washington Post editorial board wrote this week that those who continue to hold in-person worship services are failing to uphold a moral obligation to their fellow citizens, arguing that the First Amendment does not allow believers to put others’ lives at risk in the course of their religious exercise. Despite the outsized attention given to churches that are resisting stay-at-home orders, most houses of worship are finding creative ways to reach their congregations during the pandemic. CNN reports on churches who held Easter services at drive-in theaters and over live-stream.
A two-way street. Michael Helfand argues in the Wall Street Journal that maybe the government can, and should, employ emergency measures to restrict in-person worship services during a pandemic. But, he points out that that same logic also supports the constitutionality of churches receiving emergency funds from the government during this crisis.
How Can I Keep From Singing? According to the Orwellian restrictions of one California County, Andrea Bocelli’s beautiful livestreamed Easter concert which reached over 35 million people would have been illegal. The County recently passed an ordinance banning singing during livestreamed religious services—even if the musicians are at least six feet apart and abiding by social distancing guidelines.
