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Cutter v. Wilkinson (docket #:03-9877) (2005)  [Findlaw]

Secondary Link Cutter v. Wilkinson  [Legal Information Institute]
Argument Date 03/21/2005
Decided 5/31/2005
Supreme Court Vote 9-0
Supreme Court Ruling Establishment Clause claim denied.
IssueWhether Ohio prison regulations denying prisoners access to religious literature and the opportunity to conduct religious services violate RLUIPA, and whether RLUIPA provision is unconstitutional under Establishment Clause (among other things).
Case Summary & Additional Resources
Majority Opinion Ginsburg, J.
Concurring Opinion Thomas, J.
Certiorari Granted 10/12/2004
Lower Court 6th Circuit
Lower Court Ruling Establishment Clause claim sustained.
Oral Arguments -- transcript
For Petitioner
David Goldberger, Ohio State University College of Law

For Respondent
Paul D. Clement, Acting Solicitor General, U.S. Dept. of Justice

For Petitioner
David Goldberger

Petitioners' Reply Brief, David Goldberger

For Respondent
Ohio Respondents (Douglas Cole, Counsel of Record)

For United States
Paul Clement (for United States)

Reply Brief, Paul Clement for the United States

For Amicus
American Jail Ass'n, et al. (Michael Beekhuizen, counsel of record) (supporting Respondents)

Claremont Institute (John Eastman, Counsel of Record) (supporting Respondents)

International Municipal Lawyers' Association, the National League of Cities and the American Planning Association (Marcia Hamilton, Counsel of Record) (supporting Respondents)

Senators Orrin Hatch and Ted Kennedy (Martin S. Lederman, Counsel of Record) (supporting Petitioners)

State of Virginia, seven other states & the Virgin Islands (Judith W. Jagdmann & William Thro, Counsel of Record) (supporting Respondents)

The American Correctional Chaplains Association, former state corrections officials, state prisoners, and others (Gene Schaerr, Counsel of Record) (supporting Petitioners)

The Coalition for the Free Exercise of Religion (Anthony Picarello, Jr., Counsel of Record)

The National Association of Evangelicals and the Union of Orthodox Jewish Congregations of America (Douglas Laycock, Counsel of Record) (supporting Petitioners)

The Rutherford Institute (James Knicely, Counsel of Record) (supporting Petitioners)

The States of New York and Washington (Christine Gregoire & Eliot Spitzer, lead counsel) (supporting Petitioners)

Americans United for the Separation of Church & State & the ACLU (David M. Gossett, Counsel of Record) (supporting Petitioners)

Tony Mauro Analysis
Court: Congress strikes right religious-protection balance (6-1-05)

"Odd alliance defends RLUIPA before high court" (03-22-05)

Justices' choices surprise some court-watchers (10/13/04)

Opinion - Lower Court
Cutter v. United States (6th Cir., 2004)

AP, "High court to review law protecting inmates' religious freedom" (10/12/04)

AP, "Unanimous Court upholds RLUIPA" (5-31-2005)

Marci A. Hamilton, "Two Important Establishment Clause Issues The Supreme Court Will Decide This Term" (Findlaw, 10-21-04)

JCD for medhill News Service (description & analysis)

The Becket Fund (commentary)

Charles C. Haynes, "The Supreme Court and the incredible shrinking free-exercise clause" (03-20-05)

Hamilton, Marci, "The Supreme Court's New Ruling on the Religious Land Use and Institutionalized Persons Act's Prison Provisions: Deferring Key Constitutional Questions," FindLaw (6-2-05)

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