Rick Claybrook

Rick Claybrook of Claybrook LLC practices religious freedom and pro-life advocacy and is a frequent collaborator with the NLF. He was recognized by SCOTUSblog as the third best author of amicus merits briefs for the 2017-18 Supreme Court term.

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Both Pro-life and Religious Freedom Cases On Supreme Court Docket–Some Cases to Keep on Your Radar

Pro-life Cases The “big hitter” for this upcoming term is in the pro-life area: Dobbs v. Jackson Women’s Health Organization. Instead of nibbling around the edges of Roe and Casey, as the abortion cases in the Court for the last several decades have done, Dobbs goes for the heart, with Mississippi arguing that the viability …

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The Cutting Issues in Ministerial Exception Cases

The Supreme Court in Hosanna-Tabor (2012) and Our Lady of Guadalupe (2020) embraced what Justice Alito described as the “so-called ministerial exception,” a doctrine that protects religious organizations from application of anti-discrimination laws when dealing with certain employees.  Why “so-called”?  Because the exemption covers more than just ministers or the top officials of a religious organization.  But whom else?  Certainly some …

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How Grimm Will Things Get?

The Fourth Circuit, 2-1, has again ruled that a student born a girl has a right to present as a boy and force her way into her school’s male restrooms and locker rooms.  The school’s offer to allow “Gavin” Grimm to use private facilities was “demeaning” and, in the panel majority’s opinion, violated both Title …

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They Still Don’t Get It, So Ministers Don’t Get Vaccine Priority

Throughout the summer and into the fall, and then this winter, churches and synagogues have been pushing back against governors and local authorities who have decided that religious services are not “essential,” as those officials have defined many other businesses to allow groups of people to gather.  Early efforts of churches to stop this discrimination …

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Supreme Court Takes First Step Away from Rationale of Notorious Japanese Internment Case

“Hard cases make bad law,” and national emergencies make hard cases.  It has proven true in our country’s jurisprudence, with one of the most notorious examples being the Supreme Court’s refusal to vindicate the claims of West Coast Americans who were put in “relocation” or “assembly centers” en masse during World War II solely because …

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Supreme Court, with Barrett on Board, Clamps Down on Discriminatory Treatment of Religious Organizations in the Ongoing Emergency

Justice Barrett hasn’t published an opinion yet, but she’s just made her presence known.  When Justice Ginsburg was on the Court earlier this year, she joined a 5-4 majority that included Chief Justice Roberts and that refused the pleas of churches to stop, on an “emergency” basis, jurisdictions that were clamping down harder on in-person …

Supreme Court, with Barrett on Board, Clamps Down on Discriminatory Treatment of Religious Organizations in the Ongoing Emergency Read More

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