1. What issue is at the center of both the Trinity Lutheran and Espinoza cases?
They both involve state constitution provisions that prohibit those states from spending money to aid churches and other religious institutions.
2. How does Justice Kagan argue that banning ALL funding to religious institutions would be ridiculous?
The provision could be read to prohibit the state from providing police protection or fire protection to churches. (If a church was on fire, the fire department would be required to let it burn.)
3. What choice do the plaintiffs argue that these bans force on students?
It forces students to choose between attending a school that accords with his beliefs or receiving thousands of dollars of government benefits.
4. According to the Census, what's the average amount that states spend on each public school student?
$11,392
5. How did Chief Justice John Roberts explain the Court's decision in Trinity Lutheran?
“Denying a generally available benefit solely on account of religious identity imposes a penalty on the free exercise of religion that can be justified only by a state interest ‘of the highest order."
6. Because of the current makeup of the court, how do the authors predict that the Court will settle the Espinoza case?
They may declare the case moot or follow the precedent from the majority opinion in Rucho v. Common Clause (2019).
7. What issue is at the heart of both of these Pennsylvania cases?
The issue examines the Trump administration's rules allowing virtually any employer to deny birth control coverage to its employees.
8. What court precedent was established in the 1982 case US v Lee?
The general rule is that people of faith may sometimes seek exemption from laws they object to on religious grounds, but they could not claim an exemption that would undercut the rights of a third party.
9. How did the Trump Administration expand the effects of the ruling in the Hobby Lobby case?
Trump issued an executive order to instruct his administration to "consider issue amending regulations, consisted with applicable law, to address conscience-based objections to the preventive-care mandate."
10. How do Trump's additions to the Court help predict the outcome of these cases?
Trump's appointment of Gorsuch and Kavanaugh makes it likely that cases like these would favor religion.
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