Holtzman Vogel Files Supreme Court Amicus Brief on Behalf of Fourteen Constitutional Law Scholars Supporting Religious Freedom
Holtzman Vogel filed a Supreme Court amicus brief on behalf of fourteen constitutional law scholars in support of the petitioner, Catharine Miller. In the case, California officials abused public accommodations law to punish Miller, an artisan baker, for refusing to bake a cake endorsing a message that conflicted with her religious beliefs.
The brief argues that the Court should take up the case to reverse a dangerous trend in which state officials enforce political orthodoxy in violation of the First Amendment’s Free Speech and Free Exercise Clauses. The brief also argues that the Court should overturn its decision in Employment Division, Department of Human Resources of Oregon v. Smith (1990), which departs from the original meaning of the First Amendment and gives officials improper discretion to burden religion.
Mark Pinkert, Elizabeth Price Foley, and Daniel Bruce worked on the brief.