Overview
- A federal judge dismissed the challenge on Monday, July 27, saying plaintiffs lacked standing and failed to state a claim against the commission’s creation or conduct.
- The opinion applied a deferential reading of the Federal Advisory Committee Act and concluded the commission’s membership is “fairly balanced” for its mandate.
- The litigation forced the administration to post transcripts, meeting minutes, witness testimony and a draft report, and the commission submitted its report to the White House in late June.
- The commission’s draft recommendations question modern separations between church and state and call for actions such as new DOJ guidance, religious liberty hotlines, and repeal of the Johnson Amendment.
- Plaintiffs and their lawyers said they are reviewing next steps, and advocates on both sides may pursue political or administrative responses given the law’s vague balance standard.