Upcoming U.S. Supreme Court case could be a huge religion-beat sleeper story

The agenda for the U.S. Supreme Court term that began this month has zero cases involving the two religion clauses of the First Amendment.

That’s quite the change after the important religion rulings the past two years, not to mention religious conservatives’ and liberals’ agitation after the 2022 Dobbs decision, which overturned Roe , which had legalized abortion nationwide.

So religion-watchers may not be aware that the court soon takes up two potentially tectonic cases involving — would you believe it — small businesses that fish for herring off the New England coast and say they shouldn’t have to pay their federal monitors. The cases are Loper Bright v. Raimondo (docket # 22-451), newly combined Oct. 13 with Relentless Inc. v. Department of Commerce (docket #22-1219). Oral arguments could come as soon as January.

This gets into the weeds of administrative law, an area that normally does not set pulses pounding but here involves the hot political dispute over powers exercised by federal agencies. Conservatives assert that agencies have long been interpreting and enforcing laws in ways that Congress never intended or has never defined, thus usurping legislative prerogatives and violating the Constitution’s “separation of powers.”

Background: The two fishing companies seek relief by overturning the Court’s highly influential 1984 precedent in Chevron v. Natural Resources Defense Council. This unanimous decision granted wide deference to federal agencies in “reasonable” interpretations, applications and enforcement of ambiguous laws passed by Congress.

The list of Loper briefs posted by the invaluable SCOTUSBlog.com shows the variety of interests that include 48 of the 50 states lined up on the two sides and the Republican U.S. House of Representatives, along with e.g. the AFL-CIO, American Cancer Society, Environmental Defense Fund, Gun Owners of America and e-cigarette industry.

You are waiting for the religion-beat angle?

Unlike the media, Muslim leaders are downplaying China's persecution of their fellow believers

The American media, and Muslim groups, remain vigilant in championing the safety and religious liberty of Islamic believers around the world.

But what about the large population of Muslims in China, where atheistic Communists are currently inflicting what’s probably the biggest program of religious persecution anywhere? Reports on the relentless campaign to suppress or “Sinicize” Islam say that a million or more Muslims of Uighur ethnicity have been shipped to re-education camps, amid reports of e.g. forcible pork-eating or renunciation of the faith.

Mainstream journalists have performed quite well on this, despite shrinking resources for foreign coverage and China’s efforts to bar reporters from Muslim regions. But what are Muslims and Muslim nations doing? GetReligion’s Ira Rifkin wrote a Feb. 12 post noting that China’s Muslims have “been largely abandoned by their powerful global co-religionists” due to “blatantly self-serving political considerations.”

Wall Street Journal Asia columnist Sadanand Dhume aims that same complaint (behind paywall) specifically at Pakistan. Prime Minister Imran Khan is quick to denounce “Islamopobia” in the West, he wrote October 4, but “China’s wholesale assault on Islam itself elicits only silence.” He explained, “Hardly any Muslim country wants to risk angering China’s touchy rulers by criticizing their policies.”

Journalists should be quizzing Muslim spokesmen, organizations, scholars and diplomats about this noteworthy anomaly. Such calculated silence, so much in contrast with Christian and Jewish activism on religious freedom, stands out because most Muslim nations fuse religion with state interests.