Here's a link to Virginia's Petition in Bass v.
Madison: http://www.goldsteinhowe.com/blog/files/bassvmadison.pet.pdf
The petition surprisingly focuses as much or more
on Commerce and Spending as it does on the Establishment Clause. I think
it's highly unlikely that the Court would grant cert. on any question
other than (possibly) whether section 3 of RLUIPA violates the EC.
Also, the Sixth Circuit on March 3d denied
rehearing and rehearing en banc in Cutter v. Wilkinson, so it does
appear that there is a circuit split. Does anyone know whether the
plaintiffs in Cutter plan to seek cert., and/or whether the plaintiffs
in Bass will oppose cert. on the first question presented?
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