Housing Allowance Litigation Update

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Thursday, October 11, 2018

After a lengthy briefing period, the 7th Circuit has finally set the date and time for oral argument in the Freedom From Religion Foundation’s challenge to the constitutionality of the housing allowance. The argument will be held on Wednesday, October 24, at 9:30 a.m. central time. As of now, the court has given each side 30 minutes to make their arguments. It has also permitted the “Amici Tax Law Professors” to use a portion of the Freedom From Religion Foundation’s time.

That group’s brief was filed, in support of the Freedom From Religion Foundation’s arguments, by Adam Chodorow (Willard H. Pedrick Distinguished Research Scholar, Associate Dean of Academic Affairs, Sandra Day O’Connor College of Law, Arizona State University; he will participate in the oral argument) on behalf of himself and a number of other law school professors. Once the oral argument hearing is over, it is unknown how long it will take the court to issue its ruling.

Legal Services Department
Revised October 11, 2018

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