Wednesday, February 09, 2005

NO WAY! My law review article was cited in an amicus brief (i.e. "friend of the court" brief, not one of the parties to a case) to the U.S. Supreme Court! My topic concerned the Religious Land Use and Institutionalized Persons Act (RLUIPA), a federal statute that basically requires prisons to accommodate prisoners' religious exercise, and its constitutionality under the Establishment Clause of the First Amendment.

Basically, the U.S. Court of Appeals for the Sixth Circuit had ruled that RLUIPA violated the Establishment Clause. (A few other federal appeals court had ruled the other way, saying it didn't.) The prisoner in the Sixth Circuit case (who argued that RLUIPA is constitutional) petitioned the U.S. Supreme Court to review the case. Since it's the Supreme Court, it only grants something like 1-2% of the cases that ask for review. So when certain groups (other than the parties themselves) are trying to get the Supreme Court to hear a certain case that they think is important or concerns them, they submit these amicus briefs in hopes that they can convince the Court to bite. And one of these briefs refers to my law review article!

Who would've thought?!?!

Oh yea - a "brief" isn't underwear, it's basically a written argument submitted to the court, advocating for something. Nor is it particularly short... in fact, these documents tend to be quite lengthy.



1 Comments:

At 9:09 AM, Blogger A Very Small Animal said...

That's awesome! Now I can say one of my friends' arguments has reached the Supreme Court! :)

 

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