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6 Mar 2024, 7:16 am by Derek T. Muller
Section 5 of the Fourteenth Amendment Amendment provides for Congress to have the power to enforce this provision of the Constitution with appropriate legislation, that appropriate legislation must be, in the words of other Supreme Court precedent, including City of Boerne v. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
Section 5 of the Fourteenth Amendment Amendment provides for Congress to have the power to enforce this provision of the Constitution with appropriate legislation, that appropriate legislation must be, in the words of other Supreme Court precedent, including City of Boerne v. [read post]
4 Mar 2024, 12:47 pm
 Pix credit here The majority’s choice of a different path leaves the remaining Justices with a choice of how to respond. [read post]
13 Nov 2023, 5:48 am by Samuel Bray
HLR case comments are about the case, but they're also about the big ideas behind the case, and one exemplar of that is Michael McConnell's famous case comment from 1997: Institutions and Interpretation: A Critique of City of Boerne v. [read post]
3 Jul 2023, 11:14 am by Eugene Volokh
Justice Thomas's omission may relate to the fact that he has joined two opinions (City of Boerne v. [read post]
4 Oct 2022, 9:01 pm by Leslie C. Griffin
She called Lithwick, who lives there, asking her help in finding local plaintiffs who could protest their injuries caused by the demonstrators.Everyone let the victims down in this case; the “police, the courts, the university, the city, and the state had all let Charlottesville down, as had the federal government. [read post]
12 Sep 2022, 9:01 pm by Michael C. Dorf
(As enacted, RFRA also provides religious exceptions from state and local laws, but the Supreme Court held that aspect of RFRA unconstitutional in 1997 in City of Boerne v. [read post]
10 Jul 2022, 8:30 am by JB
Here is the second of three sets of discussion questions on Dobbs v. [read post]
6 Jul 2022, 7:02 am by Bernard Bell
§§ 2000bb to 2000bb-4)(“the RFRA”).[6] (Even though the RFRA was held unconstitutional as applied to state and local governments, City of Boerne v. [read post]
15 Jun 2022, 4:30 am by Lawrence Solum
  Here is the abstract: This short essay argues that the congruence and proportionality test of City of Boerne v. [read post]
2 Jun 2022, 10:41 am by Jonathan H. Adler
I also reject George and Craddock's broad view of Section 5 of the 14th Amendment -- a view of Congress's power rejected by the Supreme Court in City of Boerne v. [read post]
10 May 2022, 9:02 pm by Marci A. Hamilton
This is a well-financed, well-organized war that I first saw in action when I clerked for Justice Sandra Day O’Connor during the 1989 Term and when I won the 1997 Boerne v. [read post]