Cutter v. Wilkinson, Supreme Court of the United States, May 31, 2005 [ruling that the Religious Land Use and Institutionalized Persons Act of 2000 gave Congress the power to require officials of state and local prisons and jails to find ways to allow prisoners to practice their religious beliefs]. Excerpt from the opinion by Justice Ginsburg:
In upholding RLUIPA's institutionalized-persons provision, we emphasize that respondents "have raised a facial challenge to [the Act's] constitutionality, and have not contended that under the facts of any of [petitioners'] specific cases . . . [that] applying RLUIPA would produce unconstitutional results." 221 F. Supp. 2d, at 831. The District Court, noting the underdeveloped state of the record, concluded: A finding "that it is factually impossible to provide the kind of accommodations that RLUIPA will require without significantly compromising prison security or the levels of service provided to other inmates" cannot be made at this juncture. Id., at 848 (emphasis added). We agree.
Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.