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November 8, 2021
Gearing up for SCOTUS argument in Ramirez on religious liberty in death chamber
On Tuesday morning, the US Supreme Court will hear Ramirez v. Collier, which presents these issues:
(1) Whether, consistent with the free exercise clause and Religious Land Use and Institutionalized Persons Act, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from laying his hands on his parishioner as he dies, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest; and (2) whether, considering the free exercise clause and RLUIPA, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from singing prayers, saying prayers or scripture, or whispering prayers or scripture, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest.
Here is some of the press I have seen previewing the case:
From Bloomberg Law, "Lawyer Takes Rare Case on Religion, Executions to U.S. Top Court"
From Newsweek, "Conservatives Find Rare Common Ground With ACLU in Death Penalty Religious Freedom Case"
From SCOTUSblog, "Court to clarify the right of death-row inmates to receive spiritual guidance during execution"
From Time, "‘Why Can’t I Hold His Hand?’ The Supreme Court Will Decide What Comforts a Pastor Can Offer During an Execution"
From Vox, "The Supreme Court must decide if it loves religious liberty more than the death penalty"
From the Washington Post, "Supreme Court considers a minister’s role at the time an inmate is put to death"
Prior related posts:
- SCOTUS stays Texas execution and grants cert on death row inmate's request for pastor's touch during execution
- A short de facto execution moratorium?: could other condemned inmates secure a stay until SCOTUS decides new Ramirez case on religious liberty?
- Second Texas inmate gets execution stay based on religion claim SCOTUS considering in Ramirez
- Texas completes state's third execution of 2021
- Third Texas inmate gets execution stay based on religion claim SCOTUS considering in Ramirez
- More executions postponed in Texas as SCOTUS considers religious liberty in death chamber
November 8, 2021 at 09:46 PM | Permalink
Comments
Kavanaugh and Alito very concerned about line drawing NOW. They both have a bunch of questions.
Thomas also flagged the possibility of insincerity. He also is okay with race conscious policies in prisons as compared to outside them.
Posted by: Joe | Nov 9, 2021 12:38:47 PM
I previously posted a link to the Freedom From Religion Foundation amicus brief that focused on suggesting the Supreme Court declare the death penalty unconstitutional.
FFRF noted that applying current doctrine, the request for a minister to pray and lay hands on the person is a valid claim (though FFRF is not a big fan of current doctrine), but it is on some level a picayune matter. Executing people totally destroys a person's right to exercise their religion. And, is bad for other reasons.
On Legal Twitter, a few others also suggested the "solution" -- just stop executions (two scheduled next week) & the complexities of line drawing (Alito and Kavanaugh are so very concerned!) would disappear in this specific area. It's so simple, right?
(Not likely to happen, but hey.)
Posted by: Joe | Nov 9, 2021 10:45:31 PM
