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Chris Geidner @chrisgeidner
, 6 tweets, 3 min read Read on Twitter
Today, the DC Circuit sided with WMATA in its fight with the Archdiocese over holiday ads, holding that WMATA did not violate the Archdiocese's First Amendment rights by rejecting their religious ads. From Judge Rogers' opinion:
Here's the full opinion: documentcloud.org/documents/4623…
Judge Wilkins joined Rogers' opinion but also wrote separately "to discuss the importance of traditional forum doctrine to protecting First Amendment values."
This was the big match-up between two former US Solicitors General —> Don Verrilli for WMATA and Paul Clement for the Archdiocese. Verrilli won. Was unusual to see this sort of pairing at the appeals court level, so it will be interesting to see if Clement/Archdiocese seeks cert.
Important note from @dominicholden here. John Gore, the acting head of DOJ's Civil Rights Division, was the top name on the DOJ brief —>
Final, yet very interesting, note: Judge Brett Kavanaugh heard this case and participated in the arguments, but "did not participate in this opinion." Would be very interesting to know if he shelved a dissent after his #SCOTUS nomination was announced.
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