The Corner

Law & the Courts

A Question Avoided

I wrote last week about an emergency application to the Supreme Court to stay an order from a Westchester County, N.Y., judge. That order attempted to compel an Orthodox Jew to get a rabbinical court to rescind a judgment. We will have to wait for the Court to weigh in on this issue, as Justice Sonia Sotomayor yesterday — probably after taking the temperature of her colleagues on the application — denied it, but “without prejudice to applicants again seeking relief, if necessary, once state court remedies are exhausted.” In other words, the Court will give the New York state courts every opportunity to back out of a direct confrontation with rabbinical courts and their religious devotees before it concludes that its intervention may be necessary.

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