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Petitions of the week

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This week we highlight petitions pending before the Supreme Court that address, among other things, the classificationunder the Armed Career Criminal Act of a criminal offense that requires a defendant to have acted recklessly; the constitutionality of a categorical exclusion of houses of worship from qualifying for a government historic preservation grant; and the extent to which an accommodation must eliminate a conflict between work and religious practice to be reasonable.

Thepetitions of the week are:

18-349

Issues:(1) Whether an accommodation that merely lessens or has the potential to eliminate the conflict between work and religious practice is reasonable per se, as the U.S. Courts of Appeals for the 1st, 4th and 11th Circuits hold; does it instead create a jury question, as the U.S. Courts of Appeals for the 8th and 10th Circuits hold; or must an accommodation fully eliminate the conflict in order to be reasonable, as the U.S. Courts of Appeals for the 2nd, 7th and 9th Circuits hold; (2) whether speculation about possible future burdens is sufficient to meet the employers burden in establishing undue hardship, as the U.S. Courts of Appeals for the 5th, 6th and 11th Circuits hold, or must the employer demonstrate an actual burden, as the U.S. Courts of Appeals for the 4th, 8th, 9th and 10th Circuits hold; and (3) whether the portion ofTWA v. Hardisonopining that undue hardship simply means something more than a de minimis cost should be disavowed or overruled.

18-364

Issues:(1) Whether using generally available historic preservation funds to repair or restore a house of worship constitutes a religious use that falls outside the scope ofTrinity Lutheran Church of Columbia Inc. v. Comer; and (2) whether the categorial exclusion of all active houses of worship from historic preservation grants violatesTrinity Lutheranand the First Amendment as an exclusion based on religious status.

18-365

Issue:Whether the categorical exclusion of active houses of worship from a competitive government grant program advancing the secular interest of historic preservation violates the free exercise clause of the Constitution of the United States.

18-370

Issue:Whether a criminal offense with a mens rea of recklessness qualifies as a violent felony under the Armed Career Criminal Act, 18 U.S.C. 924(e).

Cases: Patterson v. Walgreen Co., Morris County Board of Chosen Freeholders v. Freedom From Religion Foundation, The Presbyterian Church in Morristown v. Freedom From Religion Foundation, Haight v. United States

Recommended Citation: Aurora Barnes, Petitions of the week, SCOTUSblog (Oct. 17, 2018, 12:00 AM), https://www.scotusblog.com/2018/10/petitions-of-the-week-14/