§2000cc–2 Judicial Relief

Summary

Anyone can raise a claim or defense in court that a government action broke this law and seek relief. Who is allowed to sue follows the normal Article III rules about who has standing. If a plaintiff first presents basic evidence for a claim under the Free Exercise Clause or under section 2000cc, the government must prove the rest of the case, except the plaintiff must prove that the law or government practice significantly limits their religious exercise. A decision from a nonfederal court won’t automatically be accepted by a federal court unless the matter was fully and fairly decided there. Nothing here changes the Prison Litigation Reform Act of 1995. The United States may sue to get court orders or declarations to enforce this law, and that does not limit other government powers to act under other laws. If the only federal reason to hear a case is a claim that the burden affects commerce, the law won’t apply if the government shows that similar burdens across the country would not, in total, have a substantial effect on commerce with foreign nations, among the States, or with Indian tribes.