Let's move on to other variants. One looks at whether a law has any exceptions at all, and, if religious reasons are not among those exceptions, automatically applies strict scrutiny. It was proposed by Justice Kavanaugh in his dissent in Calvary Chapel Dayton Valley v. Sisolak, and possibly embraced by the Court in Roman Catholic Diocese of Brooklyn v. Cuomo. Call this MFN-3.
Yet another is to ask whether government fails to pursue an interest with uncompromising zeal, as the Court did in Tandon and its other Covid decisions. If so, and there is no religious exemption, strict scrutiny applies. Call this MFN-4.
Roberts's opinion for the Court in Fulton v. Philadelphia scrutinizes a law that has always been applied uniformly and declares that, because he discerns a formal power somewhere that could grant exemptions, the regulation lacks general applicability and so triggers strict scrutiny. Call this MFN-5.
