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ARTICLE · 27 NOVEMBER 2013

Supreme Court Docket Report - October 26, 2013

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Religious Freedom Restoration Act and the Free Exercise Clause—Protection of Religious-Exercise Rights of For-Profit Corporations and Their Owners—Standard for Finding a Substantial Burden on Religious Exercise and a Compelling Government Interest

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Richard Katskee
Richard Katskee
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Today, the Supreme Court granted certiorari in two cases of interest to the business community:

  • Religious Freedom Restoration Act and the Free Exercise Clause—Protection of Religious-Exercise Rights of For-Profit Corporations and Their Owners—Standard for Finding a Substantial Burden on Religious Exercise and a Compelling Government Interest
  • Inherited Individual Retirement Accounts (IRAs)—Bankruptcy—Exemptions

Religious Freedom Restoration Act and the Free Exercise Clause—Protection of Religious-Exercise Rights of For-Profit Corporations and Their Owners—Standard for Finding a Substantial Burden on Religious Exercise and a Compelling Government Interest

Section 2000bb-1 of the Religious Freedom Restoration Act of 1993 provides that the government "shall not substantially burden a person's exercise of religion" unless that burden is the least restrictive means to further a compelling government interest. Before 1990, the rule in cases brought under the

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