Back in June, I wrote about the Texas Supreme Court’s religion clause decision in Pleasant Glade Assembly of God v. Schubert, No. 05-0916, a case that received substantial media coverage (usually as “the exorcism case”).
Laura Schubert has now filed a petition for writ of certiorari with the U.S. Supreme Court. Schubert’s lead argument echoes the dissents of Justice Green and of Chief Justice Jefferson, each of whom argued that the Texas Supreme Court should have applied Employment Div., Depâ€™t of Human Res. of Oregon v. Smith, 494 U.S. 872 (1990), to conclude that her claim did not violate the First Amendment because it turned on neutral principles of tort law.
Update: Links to the opinions and briefing at the Texas Supreme Court level are available here.