Amicus Curiae Brief — Zhang Jingrong, et al., Petitioners v. Chinese Anti-Cult World Alliance, Inc., et al.

Supreme Court briefJun 9, 2022

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No. 21-1429

In the Supreme Court of the United States

ZHANG JINGRONG, ET AL.,

Petitioners,

V.

CHINESE ANTI-CULT WORLD ALLIANCE, INC., ET AL.,

Respondents.

——————

ON PETITION FOR A WRIT OF CERTIORARI

TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

BRIEF OF AMICI CURIAE STATE OF

WEST VIRGINIA AND 23 OTHER STATES

IN SUPPORT OF PETITIONERS

PATRICK MORRISEY

Attorney General

OFFICE OF THE

WEST VIRGINIA

ATTORNEY GENERAL

State Capitol Complex

Building 1, Room E-26

Charleston, WV 25305

lindsay.s.see@wvago.gov

(304) 558-2021

LINDSAY S. SEE

Solicitor General

Counsel of Record

MICHAEL R. WILLIAMS

Senior Deputy Solicitor

General

CALEB A. SECKMAN

Assistant Solicitor General

Counsel for Amicus Curiae State of West Virginia

[additional counsel listed after signature page]

QUESTION PRESENTED

Whether the statutory text and First Amendment

permit the Freedom of Access to Clinic Entrances Act’s

protections from violence at a “place of religious worship”

to apply only to places religious adherents collectively

recognize or religious leadership designates as a place

primarily to gather for or to hold religious worship

activities.

II

TABLE OF CONTENTS

Question Presented .............................................................. I

Introduction And Interests of Amici Curiae .................... 1

Summary of Argument ........................................................ 4

Reasons for Granting the Petition...................................... 6

I.

The Second Circuit’s Construction

Flouts America’s History Of Religious

Liberty, Which Informs The Access Act’s

Meaning .......................................................................... 6

A. The Founding and Before ....................................... 7

B. Religious Freedom In This Court .......................... 9

C. Other Congressional Acts ..................................... 11

D. State-Level Developments .................................... 13

E. The Second Circuit’s Wrong Turn ....................... 15

II. The Second Circuit’s Construction Creates

Serious Constitutional Concerns ............................... 16

Conclusion ........................................................................... 22

III

TABLE OF AUTHORITIES

Page(s)

Cases

Am. Legion v. Am. Humanist Ass’n,

139 S. Ct. 2067 (2019) ................................................... 16

Bond v. Bond,

109 S.E.2d 16 (W. Va. 1959) ......................................... 15

Brush & Nib Studio, LC v. City of

Phoenix,

448 P.3d 890 (Ariz. 2019) .............................................. 15

Cantwell v. Connecticut,

310 U.S. 296 (1940) ................................................... 9, 10

Church of the Lukumi Babalu Aye, Inc.

v. City of Hialeah,

508 U.S. 520 (1993) ................................................... 1, 10

City of Boerne v. Flores,

521 U.S. 507 (1997) ................................................. 7, 8, 9

Civ. Aeronautics Bd. v. Delta Air Lines,

Inc.,

367 U.S. 316 (1961) ......................................................... 6

Clark v. Martinez,

543 U.S. 371 (2005) ................................................. 16, 17

Corp. of Presiding Bishop of Church of

Jesus Christ of Latter-day Saints

v. Amos,

483 U.S. 327 (1987) ....................................................... 17

Coulee Cath. Sch. v. Lab. & Indust. Rev.

Comm’n,

768 N.W.2d 868 (Wis. 2009) ......................................... 14

IV

TABLE OF AUTHORITIES

(continued)

Page(s)

Davies Warehouse Co. v. Bowles,

321 U.S. 144 (1944) ....................................................... 13

Dep’t of Com. v. U.S. House of

Representatives,

525 U.S. 316 (1999) ......................................................... 6

Everson v. Bd. of Ed. of Ewing Twp.,

330 U.S. 1 (1947) ..................................................... 1, 2, 8

Follett v. Town of McCormick,

321 U.S. 573 (1944) ................................................. 10, 19

Haight v. Thompson,

763 F.3d 554 (6th Cir. 2014) ......................................... 18

Hernandez v. Comm’r,

490 U.S. 680 (1989) ....................................................... 19

Holden v. Bd. of Educ. of City of Elizabeth,

216 A.2d 387 (N.J. 1966) .............................................. 15

Kedroff v. Saint Nicholas Cathedral of

Russian Orthodox Church in N. Am.,

344 U.S. 94 (1952) ........................................................... 3

Kokoszka v. Belford,

417 U.S. 642 (1974) ....................................................... 11

Larson v. Valente,

456 U.S. 228 (1982) ....................................................... 20

Marsh v. Alabama,

326 U.S. 501 (1946) ....................................................... 10

V

TABLE OF AUTHORITIES

(continued)

Page(s)

Masterpiece Cakeshop, Ltd. v. Colo. Civ.

Rts. Comm’n,

138 S. Ct. 1719 (2018) ....................................... 10, 11, 18

Md. & Va. Eldership of Churches of God

v. Church of God at Sharpsburg, Inc.,

396 U.S. 367 (1970) ....................................................... 18

NLRB v. Catholic Bishop of Chi.,

440 U.S. 490 (1979) ....................................................... 17

Our Lady of Guadalupe Sch.

v. Morrissey-Berru,

140 S. Ct. 2049 (2020) ................................................... 20

Phoenix Container, L.P. v. Sokoloff,

235 F.3d 352 (7th Cir. 2000) ......................................... 15

Presbyterian Church in U.S. v. Mary

Elizabeth Blue Hull Mem’l

Presbyterian Church,

393 U.S. 440 (1969) ....................................................... 18

Reynolds v. United States,

98 U.S. 145 (1878) ................................................... 10, 11

Roman Cath. Diocese of Brooklyn v.

Cuomo,

141 S. Ct. 63 (2020) ........................................................ 1

Rosenberger v. Rector & Visitors of Univ.

of Virginia,

515 U.S. 819 (1995) ......................................................... 3

Salazar v. Buono,

559 U.S. 700 (2010) ......................................................... 4

VI

TABLE OF AUTHORITIES

(continued)

Page(s)

Schneider v. New Jersey,

308 U.S. 147 (1939) ....................................................... 10

Smith v. Wade,

461 U.S. 30 (1983) ........................................................ 11

Thomas v. Rev. Bd. of Ind. Emp. Sec. Div.,

450 U.S. 707 (1981) ......................................... 4, 5, 10, 19

Trustees of New Life in Christ Church v.

City of Fredericksburg,

142 S. Ct. 678 (2022) ................................................... 1, 4

United States v. Jefferson Elec. Mfg. Co.,

291 U.S. 386 (1934) ....................................................... 11

United States v. Palomar-Santiago,

141 S. Ct. 1615 (2021) ............................................. 11, 16

United States v. Seeger,

380 U.S. 163 (1965) ................................................. 18, 19

United States v. Wong Kim Ark,

169 U.S. 649 (1898) ................................................... 6, 11

United Steelworkers of Am., AFL-CIOCLC v. Weber,

443 U.S. 193 (1979) ......................................................... 6

Vinning-El v. Evans,

657 F.3d 591 (7th Cir. 2011) ......................................... 19

Widmar v. Vincent,

454 U.S. 263 (1981) ....................................................... 18

Wisconsin v. Yoder,

406 U.S. 205 (1972) ....................................................... 11

VII

TABLE OF AUTHORITIES

(continued)

Page(s)

Constitutional Provisions

ALA. CONST. art. 1, § 3.01 .................................................. 14

N.H. CONST. art. 5 .............................................................. 14

OH. CONST. art. I, § 7 .......................................................... 14

U.S. CONST. amend. I ........................................................... 9

U.S. CONST. art. I, § 3, cl. 6 ................................................... 9

U.S. CONST. art. II, § 1, cl. 8 ................................................ 9

U.S. CONST. art. VI, cl. 3 ...................................................... 9

W. VA. CONST. art. 3, § 15 .................................................. 14

Federal Statutes

18 U.S.C. § 247 ...................................................................... 2

18 U.S.C. § 248 ...................................................................... 2

42 U.S.C. §§ 2000bb............................................................ 12

42 U.S.C. §§ 2000bb-1 ........................................................ 12

42 U.S.C. §§ 2000bb-4 ........................................................ 12

42 U.S.C. § 2000cc .............................................................. 12

42 U.S.C. § 2000cc-5 ........................................................... 12

42 U.S.C. § 5172 .................................................................... 2

Pub. L. No. 104-155, 110 Stat. 1392 (1996)....................... 13

Pub. L. No. 105-183, 112 Stat. 517 (1998) ........................ 13

Pub. L. No. 105-292, 112 Stat. 2787 (1998)....................... 13

VIII

TABLE OF AUTHORITIES

(continued)

Page(s)

State Statutes

Ariz. Rev. Stat. § 41-1493.01.............................................. 14

Ark. Code Ann. § 16-123-401 ............................................. 14

Conn. Gen. Stat. § 52-571b ................................................ 14

Fla. Stat. § 761.01 ............................................................... 14

Idaho Code § 73-402 ........................................................... 14

Ill. Rev. Stat. Ch. 775, § 35/1 ............................................. 14

Ind. Code § 34-13-9 ............................................................. 14

Kan. Stat. § 60-5301............................................................ 14

Ky. Rev. Stat. § 446.350 ..................................................... 14

La. Rev. Stat. § 13:5231 ..................................................... 14

Miss. Code § 11-61-1........................................................... 14

Mo. Rev. Stat. § 1.302......................................................... 14

N.M. Stat. § 28-22-1............................................................ 14

Okla. Stat. tit. 51, § 251 ...................................................... 14

Pa. Stat. § 2403 ................................................................... 14

R.I. Gen. Laws § 42-80.1-1 ................................................. 14

S.C. Code § 1-32-10............................................................. 14

Tenn. Code § 4-1-407 .......................................................... 14

Tex. Civ. Prac. & Remedies Code § 110.001 .................... 14

Va. Code § 57-2.02 .............................................................. 14

IX

TABLE OF AUTHORITIES

(continued)

Page(s)

Regulation

49 C.F.R. § 192.903 ............................................................... 2

Other Authorities

Carl Hollan, A Broken System: Failures of

the Religious Regulatory System in the

People’s Republic of China,

B.Y.U. L. REV. 733 (2014) ........................................ 2, 20

Carl Zollman, Religious Liberty in the

American Law,

17 MICH. L. REV. 355 (1919) .......................................... 9

Charles E. Hummel, The Church at Home:

The House Church Movement,

CHRISTIANITY TODAY (1986) ....................................... 17

Danielle Mueller, Cherryville Baptist

Holds Riverside Baptism, NJ.COM

(July 28, 2016) ............................................................... 21

H.R. 1308 (103rd): Religious Freedom

Restoration Act of 1993, GOVTRACK

(Oct. 27, 1993) ................................................................ 12

H.R. REP. NO. 103-488 (1994) .............................................. 2

Jill Altman, Sukkot: Why It’s The Favorite

Holiday At Our House,

INTERMOUNTAIN JEWISH NEWS (Sept.

17, 2021) ......................................................................... 21

X

TABLE OF AUTHORITIES

(continued)

Page(s)

John Witte, Jr., Joel A. Nichols, “Come

Now Let Us Reason Together”:

Restoring Religious Freedom in

America and Abroad,

92 NOTRE DAME L. REV. 427 (2016) ............................. 8

Michael W. McConnell, The Origins and

Historical Understanding of Free

Exercise of Religion,

103 HARV. L. REV. 1409 (1990) .................................. 7, 8

Mike Maslanik, Wife Fights for Husband

Jailed in China,

N.Y. TIMES (Sept. 4, 2003) ............................................. 3

Orrin G. Hatch, Religious Liberty at Home

and Abroad: Reflections on Protecting

This Fundamental Freedom,

B.Y.U. L. REV. 413 (2001) .............................................. 6

Pauline Bartolone, Sacramento Muslims

Celebrate Eid — Outside And Six Feet

Apart, CAPRADIO (Aug. 3, 2020) ................................. 21

Protecting Religious Exercise: The First

Amendment and Legislative Responses

to Religious Vandalism,

97 HARV. L. REV. 547 (1983). ....................................... 16

Rewilding Christianity,

PROGRESSIVECHRISTIANITY.ORG............................... 21

XI

TABLE OF AUTHORITIES

(continued)

Page(s)

Richard Albert, American Separationism

and Liberal Democracy: The

Establishment Clause in Historical

and Comparative Perspective,

88 MARQ. L. REV. 867 (2005) ......................................... 7

Sophie Goodman, A Country Burning for

Religious Freedom: The New Draft

Law on Freedom of Religion in

Vietnam,

26 MICH. ST. INT’L. L. REV. 159 (2017) ...................... 20

U.S. COMMISSION ON INTERNATIONAL

RELIGIOUS FREEDOM, ANNUAL

REPORT (Apr. 2022) .................................................... 2, 3

U.S. DEP’T OF JUSTICE, REPORT ON THE

TWENTIETH ANNIVERSARY OF THE

RELIGIOUS LAND USE AND

INSTITUTIONALIZED PERSONS ACT

(Sept. 22, 2020) ........................................................ 12, 13

Vincent Blasi, School Vouchers and

Religious Liberty: Seven Questions

from Madison’s Memorial and

Remonstrance,

87 CORNELL L. REV. 783 (2002) .................................. 21

WILLIAM WARREN SWEET, RELIGION IN

COLONIAL AMERICA (1965) ........................................... 8

INTRODUCTION AND INTERESTS

OF AMICI CURIAE1

America’s commitment to religious freedom is

“essential.” Church of the Lukumi Babalu Aye, Inc. v.

City of Hialeah, 508 U.S. 520, 524 (1993). It constitutes

“one of our most treasured and jealously guarded

constitutional rights.” Roman Cath. Diocese of Brooklyn

v. Cuomo, 141 S. Ct. 63, 81 (2020) (Sotomayor, J.,

dissenting). And the amici States—West Virginia,

Alabama, Arizona, Arkansas, Florida, Indiana, Kansas,

Kentucky, Louisiana, Mississippi, Missouri, Montana,

Nebraska, New Hampshire, North Dakota, Ohio,

Oklahoma, South Carolina, South Dakota, Tennessee,

Texas, Utah, and Virginia—are deeply concerned with

protecting “our first freedom.” Id. at 70 (Gorsuch, J.,

concurring).

Our nation’s tradition of free exercise stems in part

from a history of religious violence inflicted elsewhere.

“Torrents of blood have been spilt in the old world,” wrote

James Madison, “by vain attempts of the secular arm to

extinguish Religious discord, by proscribing all difference

in Religious opinions.” Everson v. Bd. of Ed. of Ewing

Twp., 330 U.S. 1, 69 (1947) (cleaned up). Madison and the

other “Framers of our Constitution were acutely aware

how governments in Europe had sought to control and

manipulate religious practices and churches,” often

through violence. Trustees of New Life in Christ Church

v. City of Fredericksburg, 142 S. Ct. 678, 679 (2022)

(Gorsuch, J., dissenting from denial of certiorari). So

“[t]hey resolved that America would be different.” Id.

Madison, for instance, led the Virginia Assembly to pass

Under Supreme Court Rule 37.2(a), amici timely notified counsel

of record of their intent to file this brief.

1

2

Thomas Jefferson’s 1786 Virginia Bill for Religious

Liberty, which provided that “no man … shall otherwise

suffer on account of his religious opinions or belief.”

Everson, 330 U.S. at 13. And Madison and Jefferson

didn’t stop there. They also helped ensure that the

Religion Clauses ultimately enshrined in the federal

Constitution “ha[ve] the same objective and … provide the

same protection.” Id.

In the “Access Act”—a statute that state Attorneys

General are expressly empowered to enforce, see 18

U.S.C. § 248(c)(3)—Congress reaffirmed our country’s

broad protections for religious worship by targeting

violence directed at religious practices.

The law

prescribes criminal penalties and civil remedies for acts or

threats of violence aimed at those “exercising or seeking

to exercise the First Amendment right of religious

freedom at a place of religious worship.” Id. § 248(a)(2).

In referring to a “place of religious worship,” Congress

used an intentionally broad term. It chose not to tie

liability to “religious real property,” id. § 247, “house[s] of

worship,” 42 U.S.C. § 5172(a)(3)(C), “religious facilities,”

49 C.F.R. § 192.903, or the like. It instead drafted a

comprehensive statute to reflect its “profound concern …

over private intrusions on religious worship.” H.R. REP.

NO. 103-488, at 9 (1994).

Petitioners are exactly the sort of worshippers one

might expect to find safety in a statute like this. They

practice Falun Gong, which places them in “the thirdlargest group” of those suffering freedom-of-religion or

freedom-of-belief restrictions worldwide.

U.S.

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

(“USCIF”), ANNUAL REPORT 78 (Apr. 2022). The group

started in China under a Communist regime hostile to

religious pluralism. See, e.g., Carl Hollan, A Broken

3

System: Failures of the Religious Regulatory System in

the People’s Republic of China, 2014 B.Y.U. L. REV. 733,

735 (2014) (describing how Chinese Communist policy has

“vacillated between attempts to control religious

organizations and attempts to eradicate religion”). Under

that regime, “adherents of groups with perceived foreign

influence”—like the Falun Gong—“are especially

vulnerable to persecution.” USCIF, supra, at 16-17; see

also, e.g., Mike Maslanik, Wife Fights for Husband Jailed

in China, N.Y. TIMES (Sept. 4, 2003), https://nyti.ms/

3zbtRxy (describing China’s “secret police force designed

to root out practitioners of Falun Gong”). Many Falun

Gong practitioners have thus fled to America. Yet even

after coming here, Petitioners allegedly continue to face

persecution and abuse from Communist sympathizers. So

taking Congress at its word and believing that the Access

Act defended them from violence at their places of

worship, they sued.

The Second Circuit denied Petitioners the statute’s

protection by interpreting it to reach only places

“primarily” devoted to religious worship. Pet.App.23a. In

doing so, it unduly narrowed a statute meant to bar the

worst acts of violence in many of America’s sacred places.

This construction compels victims of religious violence to

prove their activity was religious enough, and it enmeshes

courts in deciding what constitutes true worship

warranting protection.

None of that is right. The Second Circuit’s approach

offends several aspects of American religious freedom.

The “prohibition on governmental preferences for some

religious faiths over others” is one; now only religions with

designated buildings for worship benefit from the Act.

Rosenberger v. Rector & Visitors of Univ. of Virginia, 515

U.S. 819, 855 (1995) (Thomas, J., concurring). Individual

4

believers’ rights to “decide for themselves, free from state

interference, matters of ... faith and doctrine” is another;

what locations are “primary” to their religious practice are

now open for judicial second-guessing. Kedroff v. Saint

Nicholas Cathedral of Russian Orthodox Church in N.

Am., 344 U.S. 94, 116 (1952). And the rule against judicial

“efforts to ‘subject’ religious beliefs to ‘verification’” is

another still; judges are now tasked with deciding whether

a place is sufficiently worshipful to warrant protection.

Trustees of New Life in Christ Church, 142 S. Ct. at 679

(Gorsuch, J., dissenting from denial of certiorari).

The amici States urge this Court to remedy the Second

Circuit’s anti-religion decision and restore the promise of

our “Nation[’s] unparalleled pluralism and religious

tolerance.” Salazar v. Buono, 559 U.S. 700, 723 (2010).

Properly construed, the Access Act does not ask judges to

leave their lanes of “function and [] competence,” Thomas

v. Rev. Bd. of Ind. Emp. Sec. Div., 450 U.S. 707, 716 (1981),

nor entangle themselves with quintessentially religious

assessments. And its broad text is fully consistent with

the nation’s history of free exercise. But the Second

Circuit rewrote it into something else. Particularly when

grappling with a statute that takes matters of religious

freedom head on, the Second Circuit was wrong to set our

history of liberty aside. Religious liberty is fundamental

to our federal regime and to day-to-day life in every State.

The Court should take this case and reverse.

SUMMARY OF ARGUMENT

The Court should grant the Petition for the reasons

Petitioners urge: The decision below is wrong on an issue

of national importance that stands at the center of our

constitutional tradition. The States highlight two aspects

of the lower court’s serious errors here. Uncorrected, that

5

court’s interpretation could unjustifiably leave our

residents at risk when they practice the many faiths their

consciences dictate.

I. The Second Circuit’s opinion contradicts our

country’s history of religious liberty—a history that

necessarily informs any understanding of the Access Act.

That history instead confirms Petitioners’ plain-text

construction. Even before the Founding, Americans

sought to protect each other when they engaged in

religious worship. This long-running embrace of broad

religious freedom continues in the modern day. It

resonates throughout our state and federal constitutions,

state and federal statute books, and state and federal case

reporters. Yet the Second Circuit ignored all that and

construed the Access Act in one of the narrowest possible

ways. The Court should grant certiorari to remove that

stain on our tradition of freedom.

II. Further, even though the Access Act was designed

to protect constitutional liberties, the Second Circuit’s

opinion actually creates constitutional problems under the

Religion Clauses. The bounds of “judicial function and

judicial competence,” Thomas, 450 U.S. at 716, exclude

the sort of inquiries into religious practice that the Second

Circuit’s extra-textual reading requires.

Individual

believers should not have to show that a religious leader

or collective would consider their “place of religious

worship” a “primary” location. And the Second Circuit

has read the statute to require courts to assess religions

in ways they cannot and ought not. Quite simply, the

lower court’s decision invites the type of entanglement

that courts usually—rightly—avoid.

6

REASONS FOR GRANTING THE PETITION

I.

The Second Circuit’s Construction Flouts

America’s History Of Religious Liberty, Which

Informs The Access Act’s Meaning.

The Court should grant review to correct the Second

Circuit’s missteps in statutory construction for all the

reasons Petitioners explain. See Pet. 13-18. But beyond

that, the Court should also take up this case because the

Second Circuit forgot that “statutory language

necessarily derives much of its meaning from the

surrounding circumstances.” Civ. Aeronautics Bd. v.

Delta Air Lines, Inc., 367 U.S. 316, 323 (1961).

When “construing any act of legislation,” the Court

accounts for “the condition and … the history of the law as

previously existing … in the light of which the new act

must be read and interpreted.” United States v. Wong

Kim Ark, 169 U.S. 649, 653-54 (1898). All the more when

it comes to matters of religious liberty; even the author of

the provision here has recognized that legislative

“answers” in this area are “a function of [America’s] own

unique history and culture.” Orrin G. Hatch, Religious

Liberty at Home and Abroad: Reflections on Protecting

This Fundamental Freedom, 2001 B.Y.U. L. REV. 413,

428 (2001). And indeed, the “historical context from which

the Act arose” confirms that Petitioners have the right

reading of this law. United Steelworkers of Am., AFLCIO-CLC v. Weber, 443 U.S. 193, 201 (1979). In other

words, even if Petitioners’ plain-text analysis left any

doubt over the statute’s meaning, that backdrop—the

context in which Congress acted—would resolve it

against the lower court’s narrow read. See Dep’t of Com.

v. U.S. House of Representatives, 525 U.S. 316, 339-40

(1999) (invoking 200 years of “historical context” and

7

“background” in refusing to construe a statute narrowly).

The Court should repair the Second Circuit’s unjustified

break from our centuries-old tradition of protecting all

manner of religious exercise.

A. The Founding and Before

Religious freedom traces to the roots of our Republic.

Many of the colonies embraced religious liberty’s

virtues over a hundred years before the Framers

conceived the Constitution. See City of Boerne v. Flores,

521 U.S. 507, 551-52 (1997) (O’Connor, J., dissenting)

(discussing the history of free exercise of religion in the

colonies). As early as 1648, for instance, Lord Baltimore—

who had attracted settlers from Boston by promising “free

liberty of religion”—secured a promise from Maryland’s

governor not to disturb Christians in the “free exercise”

of their religion. Michael W. McConnell, The Origins and

Historical Understanding of Free Exercise of Religion,

103 HARV. L. REV. 1409, 1425 (1990). Massachusetts

Governor John Winthrop, seemingly indignant at the

suggestion that his land was a bastion of intolerance,

responded that none “of our people … had a temptation

that way.” Id. Maryland’s Assembly echoed those

sentiments a year later, passing a formal Act Concerning

Religion. City of Boerne, 521 U.S. at 551. That statute

ensured that no Christian sect would be “troubled,

Molested or discountenanced” for its beliefs. Id.

This example wasn’t an outlier, and the pattern

continued over the decades. Quaker colonies in New

Jersey and Pennsylvania and the Dutch colony in New

York embraced notions of religious liberty and tolerance

throughout much of the mid- to late-1600s. See Richard

Albert, American Separationism and Liberal

Democracy: The Establishment Clause in Historical and

8

Comparative Perspective, 88 MARQ. L. REV. 867, 883

(2005) (summarizing “the impressive range and intensity

of religious convictions” preceding the Founding). Rhode

Island even included the “liberty of conscience” in its

founding Charter of 1663. McConnell, supra, at 1425. The

colony’s founder, Roger Williams, wrote “frequently,

eloquently, and vituperatively in defense of freedom of

conscience.” Id. As a result, Rhode Island became an

intentionally “livelie experiment … with a full libertie in

religious concernements.” Id. at 1426. The other colonies

followed suit after independence: “[T]he substance of

[Rhode Island’s] early provisions” became “the most

common pattern in the constitutions adopted by the states

after the Revolution.” Id. at 1427. And Virginians in 1785

and 1786 witnessed the “movement[’s] … “dramatic

climax,” when Jefferson and Madison pressed for an act to

ensure no one would be “enforced, restrained, molested or

burdened … on account of his religious opinions or belief.”

Everson, 330 U.S. at 11-13.

By 1789, every State except Connecticut protected

religious freedom in its constitution. See McConnell,

supra, at 1455. So by that time, “[f]reedom of religion was

universally said to be an unalienable right.” Id. at 1456;

see also John Witte, Jr., Joel A. Nichols, “Come Now Let

Us Reason Together”: Restoring Religious Freedom in

America and Abroad, 92 NOTRE DAME L. REV. 427, 436

(2016) (“[T]he founding generation … defend[ed] religious

freedom for all peaceable faiths, and wove multiple

principles of religious freedom into the new state and

federal constitutions of 1776 to 1791”).

In truth, “the embodiment” of religious liberty in these

constitutions “was simply writing colonial experience into

the fundamental law of the land.” WILLIAM WARREN

SWEET, RELIGION IN COLONIAL AMERICA 339 (1965). The

9

colonies had long “acknowledged that freedom to pursue

one’s chosen religious beliefs was an essential liberty.”

City of Boerne, 521 U.S. at 552. And when “religious

beliefs conflicted with civil law,” early colonists insisted

that “religion prevailed unless important state interests

militated otherwise.” Id. In short, the tone had been set

well before the Founding.

Unsurprisingly, then, the federal Constitution

prioritized religious freedom, too. Before the States

ratified the Bill of Rights, the Constitution in the main

held that “no religious Test shall ever be required as a

Qualification to any office or public Trust under the

United States.” U.S. CONST. art. VI, cl. 3. Like the early

colonists, the Framers did not include this provision as an

afterthought: It deliberately affirms that religious

freedom is vital. See Carl Zollman, Religious Liberty in

the American Law, 17 MICH. L. REV. 355, 355-56 (1919);

see also U.S. CONST. art. I, § 3, cl. 6; art. II, § 1, cl. 8; and

art. VI, cl. 3 (provisions allowing for affirmations instead

of oaths). The Bill of Rights brought an even more

powerful reminder of religious freedom’s importance

through the First Amendment’s key prescription:

“Congress shall make no law respecting an establishment

of religion, or prohibiting the free exercise thereof.” U.S.

CONST. amend. I. With this brief statement, the Founders

enshrined religious liberty as one of our most fundamental

freedoms.

B. Religious Freedom In This Court

Since then, this Court has repeatedly emphasized the

ways our laws pursue genuinely free religious exercise.

As the country recovered from the Civil War and

continued to expand, for example, the Court reiterated

that “[r]eligious freedom is guaranteed everywhere

10

throughout the United States.” Reynolds v. United

States, 98 U.S. 145, 162 (1878).

Later precedent

established that the Fourteenth Amendment extends free

exercise protections to the laws of the States as well. See

Cantwell v. Connecticut, 310 U.S. 296, 303-04 (1940). So

whether dealing with federal or state law, “[f]reedom of

conscience and freedom to adhere to such religious

organization or form of worship as the individual may

choose cannot be restricted.” Id. at 303. This freedom

even “occup[ies] a preferred position” over others, such as

property rights. Marsh v. Alabama, 326 U.S. 501, 509

(1946). And all Americans enjoy the right. “Whether

needy or affluent,” “itinerant” or fixed, “profession[al]” or

“casual,” the First Amendment protects all religious

practitioners wherever they “proclaim their faith.” Follett

v. Town of McCormick, 321 U.S. 573, 577 (1944).

Free exercise is so important that the Court

approaches laws cautiously whenever they might interfere

with it. “[U]pon even slight suspicion that” government

action “stem[s] from animosity to religion or distrust of its

practices, all officials must pause to remember their own

high duty to the Constitution and to the rights it secures.”

Church of the Lukumi Babalu Aye, 508 U.S. at 547. The

Court has stressed the “importance of preventing the

restriction of enjoyment of these [religious] liberties.”

Schneider v. New Jersey, 308 U.S. 147, 151 (1939). And no

arm of the government may “act in a manner that passes

judgment upon or presupposes the illegitimacy of

religious beliefs and practices.” Masterpiece Cakeshop,

Ltd. v. Colo. Civ. Rts. Comm’n, 138 S. Ct. 1719, 1731

(2018). Religious beliefs “need not be acceptable, logical,

consistent, or comprehensible to others in order to merit

First Amendment protection.” Thomas, 450 U.S. at 714.

An “honest conviction” will do. Id. at 716.

11

In the end, this Court repeatedly returns to the first

principle that the “Constitution commits government

itself to religious tolerance.” Masterpiece Cakeshop, 138

S. Ct. at 1731 (citation omitted). With this constitutionally

enshrined safeguard, “only those interests of the highest

order and those not otherwise served can overbalance

legitimate claims to the free exercise of religion.”

Wisconsin v. Yoder, 406 U.S. 205, 215 (1972). And when it

comes to statutory construction, courts confronted with

multiple allowable readings of a statute will prefer those

consistent with “the history of the law,” Wong Kim Ark,

169 U.S. at 653-64, and reject those in tension with

essential liberties like religious freedom, United States v.

Palomar-Santiago, 141 S. Ct. 1615, 1622 (2021); cf.

Reynolds, 98 U.S. at 162 (explaining that the Court looks

to “the history of the times in the midst of which the

provision was adopted” to determine the meaning of

“religion” in the Constitution).

C. Other Congressional Acts

Statutes similar to the Access Act also should have put

the Second Circuit on notice that it might be going astray.

Courts generally assume that new statutes are “intended

to fit into the existing system and to be carried into effect

conformably to it.” United States v. Jefferson Elec. Mfg.

Co., 291 U.S. 386, 396 (1934); see also, e.g., Kokoszka v.

Belford, 417 U.S. 642, 650 (1974) (explaining that courts

“take in connection with [the statute at issue] the whole

statute (or statutes on the same subject) and the objects

and policy of the law”). And indeed, Congress passed the

Access Act in 1994 among a raft of laws that re-entrenched

a broad conception of religious freedom. See, e.g., Smith

v. Wade, 461 U.S. 30, 85 (1983) (Rehnquist, J., dissenting)

(drawing inferences about Congress’s intent from other

12

laws “roughly contemporaneous” with the statute to be

construed).

In 1993, just one year before the Access Act, Congress

passed the Religious Freedom Restoration Act (“RFRA”).

42 U.S.C. §§ 2000bb to 2000bb-4. Congress sought

through RFRA to enhance religious liberty by providing

that “[g]overnment may substantially burden a person’s

exercise of religion” only if the measure can satisfy strict

scrutiny. Id. § 2000bb-1(b). That demanding standard

applies “even if the burden result[ed] from a rule of

general applicability.” Id. § 2000bb-1(a). Although this

Court later held that applying RFRA to the States

exceeded Congress’s powers, enacting it in the first place

was a telling signal of Congress’s commitment to religious

freedom: Congress came together to pass the massive bill

in fewer than three years. And it was no close vote. The

House of Representatives passed it unanimously, and only

three Senators opposed it. See H.R. 1308 (103rd):

Religious Freedom Restoration Act of 1993, GOVTRACK

(Oct. 27, 1993), https://bit.ly/3sWzfB2.

A few short years later in 2000, Congress passed the

Religious Land Use and Institutionalized Persons Act

(“RLUIPA”). In another extraordinary showing of unity,

RLUIPA passed both houses unanimously. U.S. DEP’T OF

JUSTICE, REPORT ON THE TWENTIETH ANNIVERSARY OF

THE RELIGIOUS LAND USE AND INSTITUTIONALIZED

PERSONS ACT 5 (Sept. 22, 2020), available at

https://bit.ly/3wP4Re0. That law advances freedom of

religion by singling out for protection religious land use

and the religious practices of institutionalized persons.

See 42 U.S.C. §§ 2000cc to 2000cc-5. When President Bill

Clinton signed RLUIPA into law, he praised the way it

guarded “a constitutional value of the highest order” that

13

played a role of central “importance … in our democratic

society.” U.S. Dep’t of Justice, supra, at 5.

Between these two bookends, Congress enacted other

broad religious-freedom protecting measures with

similarly impressive bipartisan support. The Religious

Liberty and Charitable Donation Protection Act of 1998

allowed taxpayers to deduct religious contributions, and

the Church Arson Prevention Act of 1996 barred acts of

destruction targeted at religious property; both passed

the House and Senate unanimously. See Pub. L. No. 105183, 112 Stat. 517 (1998); Pub. L. No. 104-155, 110 Stat.

1392 (1996). The International Religious Freedom Act of

1998 was still another example, this time targeting

activities abroad. It too passed without a single objection.

See Pub. L. No. 105-292, 112 Stat. 2787 (1998).

Taken together, this contemporary congressional

history rebuffs the suggestion that the Congress that

passed the Access Act likely intended it to have a narrow

reach.

The Congress of that era repeatedly and

emphatically passed broad acts designed to enshrine

religious liberty throughout the U.S. Code. Thus,

legislative context confirms that the Second Circuit should

have taken the Access Act’s broad text at face value.

D. State-Level Developments

If any ambiguity in the Access Act’s text exists, more

recent developments in state law could also inform the

Court’s reading of its religious-liberty protections. An

“old” and “diversified” practice of “resorting” to state law

helps “give meaning and content to federal statutes.”

Davies Warehouse Co. v. Bowles, 321 U.S. 144, 155-56

(1944). And the States’ consistent emphasis on religious

freedom and free exercise underscores the importance of

the issues at stake here.

14

Most modern state constitutions incorporate broad

protections for religious practice. After declaring that

“[a]ll men have a natural and indefeasible right to

worship … according to the dictates of their own

conscience,” the Ohio Constitution directs the General

Assembly to “pass suitable laws to protect every religious

denomination in the peaceable enjoyment of its own mode

of public worship.” OH. CONST. art. I, § 7. New Hampshire

guarantees that no religious practitioners “shall be hurt,

molested, or restrained, in [their] person, liberty, or

estate, for worshipping … in the manner” they see fit so

long as they do not “disturb the public peace or disturb

others in their religious worship.” N.H. CONST. art. 5.

West Virginia’s constitution similarly says that no person

may be “enforced, restrained, molested or burthened, in

his body or goods, or otherwise suffer,” because of his or

her “religious opinions or belief.” W. VA. CONST. art. 3,

§ 15. Other examples abound. And recent developments

show how States continue to cherish religious liberty. For

example, 21 States have passed laws or amendments that

resemble RFRA.2

Thus, “religious freedom is accorded a special status in

both our state and federal constitutions,” Coulee Cath.

Sch. v. Lab. & Indust. Rev. Comm’n, 768 N.W.2d 868, 89192 (Wis. 2009), and in both our state and federal statute

books. Even at the state level, that freedom “extend[s] to

See ALA. CONST. art. 1, § 3.01; Ariz. Rev. Stat. § 41-1493.01; Ark.

Code Ann. § 16-123-401; Conn. Gen. Stat. § 52-571b; Fla. Stat.

§ 761.01, et seq.; Idaho Code § 73-402; Ill. Rev. Stat. Ch. 775, § 35/1, et

seq.; Ind. Code § 34-13-9; Kan. Stat. § 60-5301, et seq.; Ky. Rev. Stat.

§ 446.350; La. Rev. Stat. § 13:5231, et seq.; Miss. Code § 11-61-1; Mo.

Rev. Stat. § 1.302; N.M. Stat. § 28-22-1, et seq.; Okla. Stat. tit. 51,

§ 251, et seq.; 71 Pa. Stat. § 2403; R.I. Gen. Laws § 42-80.1-1, et seq.;

S.C. Code § 1-32-10, et seq.; Tenn. Code § 4-1-407; Tex. Civ. Prac. &

Remedies Code § 110.001, et seq.; Va. Code § 57-2.02.

2

15

persons of all creeds and religious beliefs or disbeliefs,”

not just “orthodox religious practices.” Bond v. Bond, 109

S.E.2d 16, 24 (W. Va. 1959); accord Brush & Nib Studio,

LC v. City of Phoenix, 448 P.3d 890, 896 (Ariz. 2019)

(describing how religious freedom is for all, “not only for

those who are deemed sufficiently enlightened, advanced,

or progressive”); Holden v. Bd. of Educ. of City of

Elizabeth, 216 A.2d 387, 391 (N.J. 1966) (explaining that

unless a practitioner “present[s] a clear and present

danger to the peace, welfare, and security of the people,

they [are to] suffer no testing against human dicta, no

matter how unreasonable [their beliefs] may seem”). The

States’ traditions are also part of the national fabric of

religious liberty that Congress and the courts preserve.

E. The Second Circuit’s Wrong Turn

The Second Circuit’s decision is a jarring break from

this long line of diverse, pro-religious-freedom authority.

“No part of the judicial code is” “self-contained”—the

meaning of most statutory terms to some extent

“depend[s] … on external norms.” Phoenix Container,

L.P. v. Sokoloff, 235 F.3d 352, 354-55 (7th Cir. 2000)

(Easterbrook, J.). But when construing the phrase “place

of worship,” the Second Circuit lost sight of the American

norms and values of religious freedom. Even the Second

Circuit recognized that the text easily could have borne an

expansive reading. See Pet.App.24a (noting how the

words following “place of” can “merely describe an

incidental feature of the location”). But it resisted that

reading anyway.

Rather than acting with an eye toward America’s

history of religious respect, the Second Circuit seemed to

search for a way to narrow a statute that would otherwise

fit comfortably within that tradition. The Access Act

16

reflects a truth Congress has known for a long time:

increased penalties and protections are sometimes

“needed to deter future violence and to demonstrate

governmental commitment to protecting free exercise.”

Protecting Religious Exercise: The First Amendment

and Legislative Responses to Religious Vandalism, 97

HARV. L. REV. 547, 555 (1983). The lower court’s approach

is thus not only atextual as Petitioners explain—a fatal

flaw on its own—but is at odds with Congress’s efforts to

render the right to worship meaningful against the

backdrop of other constitutional and statutory religious

protections.

The Court should grant certiorari to set the statute

right and show “respect for this Nation’s pluralism, and

the values of neutrality and inclusion that the First

Amendment demands.” Am. Legion v. Am. Humanist

Ass’n, 139 S. Ct. 2067, 2094 (2019) (Kagan, J., concurring).

II.

The Second Circuit’s Construction Creates

Serious Constitutional Concerns.

The Court should also intervene because the Second

Circuit construed a statute intended to protect religious

practice in a way that invites entanglement and free

exercise concerns. Even spotting the lower court that the

term “place of worship” has more than one fair reading, it

should have applied the construction that “avoid[ed] not

only the conclusion that [it is] unconstitutional, but also

grave doubts upon that score.” Palomar-Santiago, 141 S.

Ct. at 1622 (cleaned up). This constitutional avoidance

canon “is a tool for choosing between competing plausible

interpretations of a statutory text, resting on the

reasonable presumption that Congress did not intend the

alternative which raises serious constitutional doubts.”

Clark v. Martinez, 543 U.S. 371, 381-82 (2005). In this

17

way, it is “a means of giving effect to congressional intent,

not of subverting it.” Id. But the Second Circuit’s

approach discounted constitutional concerns for the sake

of preserving its narrower course.

In effectively redrafting the statute, the Second Circuit

ran headlong into multiple, serious constitutional doubts.

“[T]he very process of inquiry” into religious doctrine and

dogma “may impinge on rights guaranteed by the Religion

Clauses.” NLRB v. Catholic Bishop of Chi., 440 U.S. 490,

502 (1979). Here, the Second Circuit tried to avoid this

problem by purportedly not “imposing any particular

conceptual, physical, or temporal requirements” on what

counts as a “place of religious worship.” Pet.App.28a. But

asking whether a protected site has a “primary” religious

purpose endorsed by “leadership” or some unspecified

“collective[],” id. at 28a-29a, is a “conceptual”

requirement. Holding as a blanket matter that certain

places are not covered—“such as one’s home”—is likewise

a “physical” requirement. Id. at 28a; contrast with

Charles E. Hummel, The Church at Home: The House

Church Movement, CHRISTIANITY TODAY (1986),

available at https://bit.ly/3zf94cL (last visited June 6,

2022) (“Yet in every century Christians have met in homes

in small groups to supplement their more formal church

life.”). And rejecting sites of worship unless (it seems) the

worship is regularly scheduled is a “temporal”

requirement. See Pet.App.33a-34a (contrasting a religion

that holds “daily or weekly church services” with the

Falun Gong’s purportedly more “sporadic instances of

worship at the tables”). These new requirements create

no fewer than three substantial issues.

First, the Second Circuit applied its newfound

“primary” requirement in a way that forced the court to

categorize religious practices based on the court’s

18

subjective of assessment of “primary” versus “incidental”

religious practices. The First Amendment does not

“permit[] governments or courts to inquire into the

centrality to a faith of certain religious practices—

dignifying some, disapproving others.”

Haight v.

Thompson, 763 F.3d 554, 566 (6th Cir. 2014); see also

Corp. of Presiding Bishop of Church of Jesus Christ of

Latter-day Saints v. Amos, 483 U.S. 327, 336 (1987) (“[I]t

is a significant burden on a religious organization to

require it, on pain of substantial liability, to predict which

of its activities a secular court will consider religious.”).

Likewise, courts have no role “in deciding or even

suggesting” whether acts that take place at a given site

are “legitimate or illegitimate” acts of worship.

Masterpiece Cakeshop, 138 S. Ct. at 1731. Courts should

instead ask only whether “a given belief that is sincere and

meaningful occupies a place in the life of its possessor

parallel to that filled by the orthodox belief in God.”

United States v. Seeger, 380 U.S. 163, 165-66 (1965).

Problem is, the Second Circuit never mentioned

sincerity.

Instead, the court below drew an

“[un]intelligible” line, Widmar v. Vincent, 454 U.S. 263,

270 n.6 (1981), dismissing Petitioners’ conduct as

unprotected “political and social action [that] may be

rooted in religious belief,” Pet.App.35a. Because it

marched into the “forbidden process of interpreting and

weighing church doctrine,” Presbyterian Church in U.S.

v. Mary Elizabeth Blue Hull Mem’l Presbyterian Church,

393 U.S. 440, 451 (1969), this Court should haul it back.

The Court should intervene to make clear that essential

principles like those Seeger and Masterpiece Cakeshop

described apply when construing the Access Act, too. The

First Amendment is “plainly jeopardized” when courts

deign to weigh into “controversies over religious doctrine

and practice.” Md. & Va. Eldership of Churches of God v.

19

Church of God at Sharpsburg, Inc., 396 U.S. 367, 368

(1970) (Brennan, J., concurring).

Second, the decision below improperly downgrades

individual religious practitioners. Remember: Under the

Second Circuit’s interpretation, it is not enough that the

alleged intimidation and violence occur at a place of

religious worship the believer herself considers

“primary.” The religion’s adherents must “collectively

recognize” it that way, or else some “religious leadership”

must “designate” it so. Pet.App.4a. It seems the only one

whose “sincere and meaningful” beliefs do not matter are

the practitioner’s—that is, the person suffering the

violence and intimidation Congress meant to prevent.

Seeger, 380 U.S. at 165-66.

Nothing is right about insisting on an “official stamp of

approval” for an individual believer’s religious practice.

It’s outside “the judicial ken to question the centrality of

particular beliefs or practices to a faith, or the validity of

particular litigants’ interpretations of those creeds.”

Hernandez v. Comm’r, 490 U.S. 680, 699 (1989) (emphasis

added). So too for “inquir[ing] whether the petitioner or

his fellow worker more correctly perceived the commands

of their common faith.” Thomas, 450 U.S. at 716. More

generally, “[a] personal religious faith is entitled to as

much protection as one espoused by an organized

group”—no government may insist that members of a

faith tradition “espouse all, and only, those beliefs that

have the support of the sect’s leadership.” Vinning-El v.

Evans, 657 F.3d 591, 593 (7th Cir. 2011) (Easterbrook, J.);

see also Follett, 321 U.S. at 577 (“The protection of the

First Amendment is not restricted to orthodox religious

practices.”). But that’s what the Second Circuit did, and

what judges in other Circuits will likely do if this decision

stands.

20

This approach is even more troubling—and thus calls

more urgently for review—given a cold reality: In places

where religious freedom is weakest, giving veto power to

a religious leader or collective is how governments

persecute and control individual practitioners. This threat

is a real one for religions like Falun Gong. The Chinese

Communist Party has capitalized on the lack of “strong

hierarchical structures” in Buddhism and Daoism to

“establish[] an oversight organization to control religious

believers … by selecting and promoting leadership that

was loyal to the Communist cause.” Hollan, supra, at 74041; see also, e.g., Sophie Goodman, A Country Burning for

Religious Freedom: The New Draft Law on Freedom of

Religion in Vietnam, 26 MICH. ST. INT’L. L. REV. 159, 16465 (2017) (“[T]he [Vietnamese Communist Party]

supervises the training and education of church leadership

of every religious organization.”). Yet the decision below

forces worshippers at risk of violence and intimidation to

barter statutory protection for centralized religious

control. In our tradition, religious liberty has always

meant more.

Third, the Second Circuit’s extra-textual reading

unduly “privilege[s] religious traditions with formal

organizational structures over those that are less formal.”

Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S.

Ct. 2049, 2064 (2020). As Petitioners point out and the

district court recognized, Pet.3-4; Pet.App.51a, the

decision below stands in tension with the Establishment

Clause’s “clearest command … that one religious

denomination cannot be officially preferred over another.”

Larson v. Valente, 456 U.S. 228, 244 (1982). “Falun Gong

does not have many formal physical or organizational

structures” at all, Pet.App.66a, so this isn’t a case of

individual believers out-of-step with leadership or

choosing to worship in unorthodox locations. At a

21

minimum, the Second Circuit’s decision to read the Access

Act “to protect religions differently based on whether the

religion has fixed temples or prayer takes place in

transitory locations” raises serious constitutional

concerns. Pet.App.124a-125a.

And the decision below reflects more than a one-time

problem for this one religion; other sects practice in much

the same way. Quakerism, for instance, historically “did

not erect edifices for worship and did not have clergy.”

Vincent Blasi, School Vouchers and Religious Liberty:

Seven Questions from Madison’s Memorial and

Remonstrance, 87 CORNELL L. REV. 783, 804 (2002).

Other Christian groups, such as the Wild Church

Network, continue to “question the wisdom and

consequences of regarding ‘church’ as a building where

you gather away from the rest of the world for a couple

hours on Sundays.”

Rewilding Christianity,

PROGRESSIVECHRISTIANITY.ORG, https://bit.ly/3xa2JfU

(last visited June 7, 2022).

Even those religions that have traditional buildings

often worship and praise outside those ordinary places.

Christians might gather riverside to celebrate and

worship through baptism. See, e.g., Danielle Mueller,

Cherryville Baptist Holds Riverside Baptism, NJ.COM

(July 28, 2016), https://bit.ly/3GTzxhI.

Jewish

worshippers might meet in their backyard, in a sukkah, to

celebrate Sukkot. See Jill Altman, Sukkot: Why It’s The

Favorite Holiday At Our House, INTERMOUNTAIN

JEWISH NEWS (Sept. 17, 2021), https://bit.ly/3NZ86oP.

Muslim worshippers might pray and worship on outdoor

sidewalks to prevent the spread of COVID-19. See

Pauline Bartolone, Sacramento Muslims Celebrate Eid

— Outside And Six Feet Apart, CAPRADIO (Aug. 3, 2020),

22

https://bit.ly/3Q1vWSQ. Yet worshippers like these and

others will go selectively unprotected, too.

In short order, the decision below managed to:

exclude entire categories of religious practice that

fail to occur at a “primary” place of worship;

remove the practitioners themselves from the

equation in favor of a larger collective and

leadership that may not even exist; and

prefer some religions over others by requiring

discernable practices, leadership, and physical

structures.

The decision below was wrong—very. Its consequences

are troublingly broad. And on its own facts it withholds

our country’s robust tradition of religious protection from

adherents of the third-largest group in the world

currently facing religious persecution. The Court should

grant review before the damage can get worse.

CONCLUSION

The Court should grant the petition for a writ of

certiorari and reverse.

23

Respectfully submitted.

PATRICK MORRISEY

Attorney General

OFFICE OF THE

WEST VIRGINIA

ATTORNEY GENERAL

State Capitol Complex

Building 1, Room E-26

Charleston, WV 25305

lindsay.s.see@wvago.gov

(304) 558-2021

LINDSAY S. SEE

Solicitor General

Counsel of Record

MICHAEL R. WILLIAMS

Senior Deputy Solicitor

General

CALEB A. SECKMAN

Assistant Solicitor General

Counsel for Amicus Curiae State of West Virginia

24

ADDITIONAL COUNSEL

STEVE MARSHALL

Attorney General

State of Alabama

LYNN FITCH

Attorney General

State of Mississippi

MARK BRNOVICH

Attorney General

State of Arizona

ERIC S. SCHMITT

Attorney General

State of Missouri

LESLIE RUTLEDGE

Attorney General

State of Arkansas

AUSTIN KNUDSEN

Attorney General

State of Montana

ASHLEY MOODY

Attorney General

State of Florida

DOUGLAS J. PETERSON

Attorney General

State of Nebraska

THEODORE E. ROKITA

Attorney General

State of Indiana

JOHN FORMELLA

Attorney General

State of New Hampshire

DEREK SCHMIDT

Attorney General

State of Kansas

DREW WRIGLEY

Attorney General

State of North Dakota

DANIEL CAMERON

Attorney General

State of Kentucky

DAVE YOST

Attorney General

State of Ohio

JEFF LANDRY

Attorney General

State of Louisiana

JOHN O’CONNOR

Attorney General

State of Oklahoma

25

ALAN WILSON

Attorney General

State of South Carolina

JASON RAVNSBORG

Attorney General

State of South Dakota

HERBERT SLATERY

Attorney General

State of Tennessee

KEN PAXTON

Attorney General

State of Texas

SEAN D. REYES

Attorney General

State of Utah

JASON MIYARES

Attorney General

State of Virginia

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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