How Neil Gorsuch could affect the Supreme Court

3. What upcoming cases should we watch closely that Gorsuch could impact now that he has joined the court?

Shaw: The most anticipated case in the April sitting is probably Trinity Lutheran Church v. Comer, a case about whether a state constitutional provision that prevents state funds from going to religious institutions violates the federal constitution –- both the clause protecting the free exercise of religion, and the clause guaranteeing the equal protection of the laws. Here a church that contains a playground applied for a state program that helps non-profits re-surface their playgrounds. The church was denied access to the program because of its status as a church, and it argues that this is unconstitutional.

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I’d say the other big cases to watch right now are the various challenges to the president’s second travel ban executive order. Both the Fourth Circuit and the Ninth Circuit will hear arguments in May on the constitutionality of the travel ban. Whatever happens in those cases, the losing party is virtually certain to seek Supreme Court review. Although the court doesn’t typically hear cases between April and October, it’s certainly not unheard of for it to do so — and I think it’s quite possible here, in particular if the administration loses and asks the court to act quickly. The court could also rule without hearing arguments.

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