Tuesday, January 20, 2015
The Supreme Court today handed down Holt v. Hobbs, the RLUIPA case involving an Arkansas prisoner who complained of a state prison policy disallowing him to grow a beard in accordance with his understanding of his religious obligations.
The opinion was unanimous, with two separate, short concurrences by Justices Ginsburg and Sotomayor. I'll save analysis for a later moment (it was a rather straightforward application of RLUIPA in Justice Alito's majority opinion, though with some interesting language about the individual components of the test).
For now, though, I'll just note the fact of another unanimous opinion in this area from the Roberts Court. Holt v. Hobbs continues to follow the Roberts Court pattern of either unanimity or 5-4 outcomes in law and religion jurisprudence, as I discuss in greater detail at Part II of this article. The figures are now four unanimous law and religion decisions as against six 5-4 law and religion decisions. The article speculates about a few reasons that we might be seeing this particular voting pattern, contrasting it with the patterns of Supreme Courts past.