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Patrick Hammon Reviews Supreme Court Arguments in Religious Freedom Case

In an article for Law360, Partner Patrick Hammon reviews FNU Tanzin v. Tanvir, a religious freedom case on the U.S. Supreme Court’s 2020 docket. The Court heard oral arguments on Oct. 6. The case centers on the scope of remedies available to plaintiffs filing suit under the Religious Freedom Restoration Act (“RFRA”), including whether government employees can be sued for monetary damages.

Patrick examines the factual background of the case, the textual arguments of the RFRA, and the legislative history and constitutional analyses that were the focus of oral argument.  Noting a potential conflict between protecting the exercise of religious freedom versus deference to law enforcement, he concludes that “[r]egardless of how the Supreme Court rules, its decision will significantly impact how government employees enforce or apply the law in the face of religious objections.”

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