Yesterday the Acting Solicitor General filed an invitation brief in Iron Thunderhorse v. Pierce (09-1353), recommending that the Court deny certiorari or, in the alternative, grant certiorari and summarily reverse and remand the Fifth Circuit’s ruling for application of the correct legal standard. At issue in the case is whether the court of appeals misinterpreted the Religious Land Use and Institutionalized Persons Act to require only a minimal showing that a prison grooming rule which concededly imposes a substantial burden on religious exercise is the “least restrictive means of furthering [a] compelling governmental interest.â€Â The Acting Solicitor General’s brief is available here.
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