Here's a link to Virginia's Petition in Bass v. Madisonhttp://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?
----- Original Message -----
Sent: Thursday, April 08, 2004 12:10 PM
Subject: Cert. Petition in RLUIPA Case

It appears that Virginia has petitioned from the CTA4 decision in Madison v. Riterhttp://www.roanoke.com/roatimes/news/story165342.html.
 
Does anyone have the cert. petition?  If so, please post it (or a link). 
 
Presumably the petition is predicated on the circuit split caused by Cutter v. Wilkinson (CTA6).  Does anyone know the status of the en banc proceedings in Cutter?


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