Opinions Relating to Orders - 2020

Mast v. Fillmore County

JUSTICE GORSUCH, concurring in the decision to grant, vacate, and remand. The Swartzentruber Amish are religiously committed to living separately from the modern world. Maintaining that commitment is not easy. They grow their own food, tend their farms using pre-industrial equipment, and make their own clothes. In short, they lead lives of faith and self-reliance that have “not altered in fundamentals for centuries.” Wisconsin v. Yoder, 406 U. S. 205, 216–217 (1972). In this long-running litigation, officials in Fillmore County, Minnesota have insisted that the Amish must adopt certain modern technologies or risk jail, fines, and even losing their farms. Today, the Court grants the Amish’s petition for review, vacates the lower court’s decisions, and remands this case for further proceedings in light of our recent decision in Fulton v. Philadelphia, 593 U. S. _ (2021). I support this decision and write to highlight a few issues the lower courts and administrative authorities may wish to consider on remand.