Congressional Digest

Supreme Court Debates November 2014 No. 8 Vol. 17
PRO: Alabama, Alaska, Arizona, et al., Amici Curiae

Religious Freedom Behind Bars

The Legality of a Prison’s No-Beard Policy

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PRO: Alabama, Alaska, Arizona, et al., Amici Curiae

Andrew L. Brasher, Counsel of Record

Alabama, Alaska, and Arizona are joined in this brief by 15 other States. Andrew L. Brasher has served as Alabama’s solicitor general since February 2014. The following is excerpted from the Amicus Curiae Brief for Respondents as submitted to the U.S. Supreme Court on July 30, 2014. The Court should continue to apply the Cutter v. Wilkinson (2005) standard and defer to Arkansas prison officials’ judgment of how to meet their objectives. There is no “special justification” for overruling Cutter. Precedents must be inconsistent with more recent decisions, unworkable, or poorly reasoned to be overturned. But the Petitioner has presented…

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