Rejecting Policy Rationales Rooted in DEI, Eighth Circuit Reverses Preliminary Injunction Denial in First Amendment Prison Curriculum Case

In Schmitt v. Rebertus the U.S. Court of Appeals for the Eighth Circuit addressed the intersection of First Amendment religious exercise rights and prison administration in a 2-1 decision that also has implications for the weight courts may give to governmental policy rationales rooted in diversity, equity, and inclusion.