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FTC Sends Same-Day Audio Request for Religious Exercise Case Scheduled for Gorsuch's First Week

Shortly after Neil Gorsuch’s confirmation as associate justice, Fix the Court sent a letter to Chief Justice Roberts requesting same-day audio for a religious exercise case to be argued during Gorsuch’s first week on the high court.

In the past, the court has released same-day audio for cases with heightened public interest (26 times since 2000), and Fix the Court believes the April 19 argument in Trinity Lutheran Church v. Comer deserves the increased attention that same-audio affords.

“The Court should take advantage of certain opportunities to demonstrate that at least one part of the government is functioning as intended,” FTC executive director Gabe Roth wrote in the letter. “Oral argument is where the court shines brightest, and a same-day audio release will encourage the press and public to pay greater attention to these thoughtful, apolitical exercises that set the institution apart from Congress and the presidency.”

The last time the court granted same-day audio was April 28, 2015, in Obergefell v. Hodges. Since then, Fix the Court has requested same-day audio for high court cases on abortion (Whole Women’s Health v. Hellerstedt), immigration (U.S. v. Texas), disparaging trademarks (Lee v. Tam) and post-Sept. 11 detentions (Ashcroft v. Abbasi); all of these requests have been denied.

To read our April 7 letter, visit this link. Fix the Court will release an update if and when we receive a response from the high court.

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