Good question, Chip. There is enough of a difference between
the various circuits on "substantial burden" under RLUIPA's land use
provisions that it can credibly be called a circuit split. But will
the Court feel the need to intervene? Hard to say.
We're going to see an increasing split on how to implement the standard
under the RLUIPA prison provisions in light of Cutter. Some courts have
read it as old-fashioned strict scrutiny, others have not.
Finally, one issue not yet mentioned is the role of the First Amendment
and/or RFRA in the clergy abuse federal bankruptcies. But there are only 2
live bankruptcies at this time and no split as of yet.
Marci
In a message dated 7/25/2006 12:35:39 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
All of the suggestions that have been made in response to this |
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