S5, Ep. 28: Conscience protections in SCOTUS abortion cases
Release Date: 05/09/2024
Respecting Religion
One religious freedom case at the Supreme Court isn’t getting the sort of attention as others, despite how it’s uniting groups that often disagree. So, why did the justices sound so skeptical in the courtroom? Amanda and Holly review this week’s oral arguments in Landor v. Louisiana Department of Corrections, which involves the remedy available to a man whose religious freedom rights were violated when he was in prison. The violation isn’t in question, so why is the remedy? Amanda and Holly review the details in this case, play audio from key moments in the courtroom, and...
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We hear a lot of misinformation about a long-standing part of the tax code that protects the nonprofit sector, and it’s newly under attack in a questionable manner. On this episode, Amanda and Holly discuss the Johnson Amendment, what it does and doesn’t do, and the concerning way the Trump administration is trying to undo it without going through a normal process. They also provide reminders of what all nonprofits – including houses of worship – can do without jeopardizing their 501(c)(3) status under that current law. It’s a curious case – politicians say no one wants this part...
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In this LIVE conversation, Amanda and Holly take a moment to catch up and review some of the recent news since last week’s program. They discuss how religious leaders have been engaging in peaceful protests of immigration raids, how the ongoing government shutdown is impacting court cases, a change in Oklahoma regarding Bible teaching in public schools, and more. This show first aired live on Thursday, October 23, at 11 a.m. Eastern Time on BJC’s YouTube, Facebook, and Instagram channels. SHOW NOTES: Do you want special emails about the show, including notifications...
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As the Supreme Court begins a new term, we can’t ignore what else is going on in our country – attacks on the rule of law, weaponization of the Department of Justice, the militarization of American cities, disruptive and chaotic immigration enforcement, and a government shutdown. Amanda Tyler and Holly Hollman are back for a new season of Respecting Religion to bring thoughtful conversations to these issues and more at the intersection of religion and the law. In the season 7 premiere, they focus on the current Supreme Court term, including a case with an egregious violation of a...
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With attacks on the rule of law, the militarization of troops in American cities, and a new Supreme Court term starting up, there is no better time to tune in to Respecting Religion. Join Holly and Amanda as they return for a new season to share analysis, opportunities for action, and ways to make sense of issues at the intersection of religion and the law. Respecting Religion is available on your favorite podcasting platform, and now, for the first time, with video on YouTube! We'll see you on October 16 for the season 7 premiere of Respecting Religion! Subscribe today, and...
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On our season 6 finale, Amanda Tyler and Holly Hollman explore some of the consequential decisions from the final days of the Supreme Court term, including Mahmoud v. Taylor – which involves parents who want to opt their children out of curriculum they find in conflict with their religious beliefs – and U.S. v. Skrmetti, which focuses on access to medical care for transgender youth. They discuss the real world implications of these and other recent rulings. Amanda and Holly also celebrate a decision from the 5th U.S. Circuit Court of Appeals striking down Louisiana’s law...
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What’s the difference between religious privilege and religious freedom? How does Christian nationalism spread? Why do so many ideas that start in Texas expand to other parts of the country? On this podcast, we bring you a special panel discussion on Christian nationalism in the Texas public sphere, recorded live on April 8. It features BJC Executive Director (and Respecting Religion co-host) Amanda Tyler, scholar David Brockman, professor Mark Chancey, and journalist Robert Downen. Moderated by Jack Jenkins, it was part of an all-day event focused on telling the story of religion in Texas...
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With decisions from the Supreme Court, a new travel ban, and a federally militarized presence in Los Angeles, there are many activities in our world that deserve attention. Amanda and Holly discuss several current events in this episode, including the revival of one of the ugliest policies of the first Trump administration. Plus, they review the unanimous decision in a Supreme Court case about religious exemptions to employment law and discuss the Court’s decision not to hear a case involving the protection of sacred land. SHOW NOTES Segment 1 (starting at 00:37): Recent and...
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A case with a thin record is raising plenty of questions at the Supreme Court. In this episode, Amanda and Holly examine the case of Mahmoud v. Taylor, which involves parents who want to opt their children out of public school curriculum they say conflicts with their religious beliefs. But, what’s the difference between expected exposure and unconstitutional coercion? Does age matter? What happens when opt-out options become too burdensome and overwhelming to accommodate? Amanda and Holly examine the issues in this case as well as the challenges for the school district and for the...
info_outlineHow do religion and religious freedom arguments interact with cases about abortion access? The legal landscape here is beyond complex, and in this episode, Amanda Tyler and Holly Hollman look at how conscience protections were discussed in two recent Supreme Court cases about abortion. There is a deepening religion and policy conversation in our country, and they discuss how that conversation is reflected in these oral arguments – from Church Amendments to the doctrine of preemption.
SHOW NOTES
Segment 1 (starting at 00:38): U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine
Amanda and Holly discussed state laws after the Dobbs decision two weeks ago – in episode 26 of season 5: Archaic laws and new theories emerge from state abortion debates
Learn more about the Arizona legislature’s repeal of the 1864 law in this article by Stacey Barchenger and Ray Stern in the Arizona Republic: Arizona abortion ban repeal signed by Gov. Katie Hobbs, but 1864 law will linger for months. What’s next?
Learn more about the 6-week ban on abortions in Florida in this article by Stephanie Colombini for NPR: Florida’s 6-week abortion ban is now in effect, curbing access across the South
We played a series of clips from the oral arguments in U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine, which the Supreme Court heard on March 26, 2024. You can hear the audio at this link. The clips we played featured:
- Solicitor General Elizabeth Prelogar (from 00:00:48 into the arguments)
- Justice Brett Kavanaugh and Solicitor General Elizabeth Prelogar (from 00:28:31 into the arguments)
- Justice Amy Coney Barrett and Solicitor General Elizabeth Prelogar (from 00:29:11 into the argument)
- Justice Ketanji Brown Jackson and Attorney Erin Hawley (from 01:16:40 into the argument)
Read an overview of conscience protections from the U.S. Department of Health and Human Services at this link.
Segment 2 (starting at 19:26): Moyle v. United States
Moyle v. United States is a consolidated case with Idaho v. United States.
“EMTALA” stands for “Emergency Medical Treatment and Labor Act.” Read what the American Medical Association says about the case and EMTALA at this link.
We played a series of clips from the oral arguments in Moyle v. United States, which the Supreme Court heard on April 24, 2024. You can hear the audio at this link. The clips we played featured:
- Justice Elena Kagan and Attorney Joshua Turner (from 00:06:09 into the argument)
- Attorney Joshua Turner and Justice Elena Kagan (from 00:08:02 into the argument)
- Justice Amy Coney Barrett and Attorney Joshua Turner (from 00:23:54 into the argument)
- Justice Amy Coney Barrett and Attorney Joshua Turner (from 00:48:43 into the argument)
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