Session Summary: Supreme Court and Legislative Update (Individual Rights)
Submitted by Barry McDonald The panel moderator, Prof. Tom Metzloff (Duke), introduced the panelists—Professors Chris Lund (Wayne State), Margaret Hu (Penn State), Michael Dimino (Widener), Akram Faizer (Lincoln Memorial) and Barry McDonald (Pepperdine). He then provided some brief reflections about the October 2020 Term. Prof. Lund kicked off the case presentations by discussing the Court’s decisions in the Fulton and Tandon free exercise cases, and the Court’s shifting notions of what constitutes discrimination against religion warranting strict scrutiny review. Next, Prof. Hu discussed the Court’s decision in Bronovich, and its implications for voting rights going forward. Prof. Dimino then spoke about three cases in which the Supreme Court chose not to decide controversial issues or decided them in narrow ways