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Gearing up for SCOTUS argument in Ramirez on religious liberty in death chamber

By Douglas Berman

On Tuesday morning, the US Supreme Court will hear Ramirez v. Collier, which presents these issues:

(1) Whether, consistent with the free exercise clause and Religious Land Use and Institutionalized Persons Act, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from laying his hands on his parishioner as he dies, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest; and (2) whether, considering the free exercise clause and RLUIPA, Texas’ decision to allow Ramirez’s pastor to enter the execution chamber, but forbidding the pastor from singing prayers, saying prayers or scripture, or whispering prayers or scripture, substantially burden the exercise of his religion, so as to require Texas to justify the deprivation as the least restrictive means of advancing a compelling governmental interest.

Here is some of the press I have seen previewing the case:

From Bloomberg Law, “Lawyer Takes Rare Case on Religion, Executions to U.S. Top Court“

From Newsweek, “Conservatives Find Rare Common Ground With ACLU in Death Penalty Religious Freedom Case“

From SCOTUSblog, “Court to clarify the right of death-row inmates to receive spiritual guidance during execution“

From Time, “‘Why Can’t I Hold His Hand?’ The Supreme Court Will Decide What Comforts a Pastor Can Offer During an Execution“

From Vox, “The Supreme Court must decide if it loves religious liberty more than the death penalty“

From the Washington Post, “Supreme Court considers a minister’s role at the time an inmate is put to death“

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