An Extraordinary Winning Streak for Religion at the Supreme Court
WASHINGTON For many today, religious liberty is not a cherished freedom, Justice Samuel Alito told the Federalist Society, the conservative legal group, in November. It pains me to say this, but, in certain quarters, religious liberty is fast becoming a disfavored right.
Those quarters do not include the Supreme Court, which has become far more likely to rule in favor of religious rights in recent years, according to a new study that considered 70 years of data.
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The study, to be published in The Supreme Court Review, documented a 35-percentage-point increase in the rate of rulings in favor of religion in orally argued cases, culminating in an 81% success rate in the court led by Chief Justice John Roberts.
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