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The Latest Breaking News from Fulton

The Increasingly Dangerous Variants of the "Most-Favored-Nation" Theory of Religious Liberty, Part V: The Abuse of Strict Scrutiny

I will conclude this series of posts by considering the variants of MFN that affect the way strict scrutiny is applied. MFN-6, ubiquitous in the Covid cases, makes strict scrutiny impossible to satisfy, by treating as equivalents regulated actions that are radically different in their effects on the pertinent state…

The Increasingly Dangerous Variants of the "Most-Favored-Nation" Theory of Religious Liberty, Part IV: Easy Paths to Strict Scrutiny

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…

What just happened in Swansea City's behind-closed-doors friendly no-one saw against Bristol Rovers

What just happened in Swansea City's behind-closed-doors friendly no-one saw against Bristol Rovers

Swansea faced Bristol Rovers at Fairwood this afternoon with one match of the pre-season schedule now remaining

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How Many Opinions Did Each Justice Write During OT 2021?

During the October 2021 Term, each Justices authored between five and eight majority opinions. The Chief assigned himself the most majority opinions (8) and Justice Kavanaugh had the fewest (5). Justice Kavanaugh wrote the most concurring opinions with 8. Indeed, Kavanaugh beat Thomas and Alito, who each had 7. Five…

Justice Kavanaugh Is Not Going To Lay A Hand On Employment Division v. Smith

Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.

Back to Near-Unanimity as to Religious Exemptions, in Today's Condemned Inmate Case

High-profile sharp splits in religious exemption cases (such as Hobby Lobby or Fulton v. City of Philadelphia), whether as to the result (in Hobby Lobby) or the reasoning (in Fulton), can make people think that religious exemption claims always so divide the Supreme Court. That's not so, as the unanimous…

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