Reply To: NARSOL streamlines original lawsuit; NCRSOL files new lawsuit

Robin Vander Wall
Robin Vander Wall

In response to your first question, it’s uncertain. The Colorado District Court decision was an “as applied” ruling that only concerns the named plaintiffs. In addition to that, the record below is exceptionally weak (meaning that the case was not well developed on the facts). NARSOL has filed an amicus brief in that appeal and we are obviously hopeful for a positive outcome, but we are not expecting one. So, IF the state of Colorado’s appeal is successful, then there is a possibility for petition to SCOTUS (as always). But, this may not be the sort of case we would want to put before SCOTUS right now (if even it were possible that SCOTUS granted cert, which is dubious).

On your second question, our attorney is meeting with clergy in preparation for filing a third lawsuit in NC dealing specifically with the language of the premises statute which effectively bars church attendance by registered citizens. That case should be a “no brainer” especially since the plaintiffs will be pastors rather than registered citizens and the NC Constitution is explicit about the right of people to fully participate in the religious practices of their faiths.