Kevin Russell (SCOTUSblog) has a fascinating report on the Court’s argument in the Religious Land Use and Institutionalized Persons Act case (Cutter v. Wilkinson); this will likely be a very important decision for the Court’s church-state jurisprudence. My favorite snippet, though, is a nonsubstantive one:
International Law
The argument had its lighter moments. At one point, Justice Scalia interrupted respondent’s counsel to ask whether Satanism is a non-majoritarian religion. It is unclear why Justice Scalia cared, or whether he was just making a joke, but the question led to a bizarre colloquy in which Goldberger noted that the Royal Navy had promised to abide by a Satanist’s burial wishes. That one reference to international law was one reference too many for Justice Scalia. “Our Royal Navy?” he snarled, much to the amusement of the as-always easily amused Supreme Court audience.
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