Monday, April 18, 2005
Supreme Court takes another Religion Clause case
The Supreme Court has agreed to review a decision by the U.S. Court of Appeals for the Tenth Circuit, which concluded that a Brazil-based church - "O Centro Espirita Beneficiente Uniao do Vegetal" - could import and use "hoasca tea" while the church's Religious Freedom Restoration Act case is being appealed (story here) (thanks to Ann Althouse). The Court of Appeals had indicated that the church would likely win, under the Act, in winning a religious exemption from the federal drug laws for its members' use of the hallucinogenic substance, notwithstanding the government's claim that it had a "compelling" interest in prohibiting such use. (Here is a more detailed discussion of the case, written by Professor Marci Hamilton).
Rick
https://mirrorofjustice.blogs.com/mirrorofjustice/2005/04/supreme_court_t.html