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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2022-23 Supreme Court Term Prelude

The 2021-22 Supreme Court term will be hard to beat, with four pro-religious freedom rulings, including the very important Kennedy decision, and the blockbuster overruling of Roe and Casey.  That doesn’t mean that things won’t be happening on these fronts this coming term, but, as of now, the docket is not as full as last …

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A Second Chance to Get It Right:  303 Creative at the Supreme Court It is not often that an issue comes before the Supreme Court twice within a space of four years, but that is exactly what has occurred in the same-sex marriage vendor cases.  The first opportunity was in the Masterpiece Cakeshop litigation.  The …

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Boston Flies the Wrong Colors

The National Legal Foundation filed an amicus brief on behalf of itself and nine other organizations in the United States Supreme Court in Shurtleff v. Boston, which the Court will hear argued on January 18. Boston made one of three flagpoles in front of its city hall temporarily available for civic groups to fly their …

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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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