Search for: "City of Boerne v. Flores" Results 21 - 40 of 142
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20 Jun 2021, 9:00 am by Eugene Volokh
Religious exemptions were thus still seen as a predominantly liberal cause; indeed, Justice Breyer, who joined the Court shortly after Smith, endorsed the old Brennan position in City of Boerne v. [read post]
15 Apr 2021, 7:13 am by Jim Oleske
It remains in effect at the federal level, but the court held in City of Boerne v. [read post]
21 Mar 2021, 9:01 pm by Marci A. Hamilton
The first major case pitted RFRA against a small Texas city’s historic preservation district, Boerne v. [read post]
19 Jan 2021, 10:43 am by Gerard Magliocca
Flores—assuming that City of Boerne even applies to the enforcement of Section 3. [read post]
11 Oct 2020, 1:58 pm by Mark Tushnet
The same goes for review of state and local legislation; there you have to talk about the possibility of congressional legislation to preempt bad stuff – freed of the constraint of City of Boerne v. [read post]
20 Jul 2020, 5:00 am by Josh Blackman
Florida (1996)   Module 10: Section 5 of the Fourteenth Amendment City of Boerne v. [read post]
17 Jun 2020, 9:01 pm by Marci A. Hamilton
That’s right: the First Amendment is now a defense to most religious organizations’ hiring and firing decisions.Third, and this is the most insidious move to keep entrenched LGBTQ discrimination in its place: After the Supreme Court invalidated the Religious Freedom Restoration Act in City of Boerne v. [read post]
26 May 2020, 10:29 am by Eugene Volokh
But I know our readers are interested in this question, so I thought I'd pass along the Justices' most detailed discussion of the issue, from City of Boerne v. [read post]
26 May 2020, 8:53 am by Eugene Volokh
[Footnote:] This brief also does not discuss the original meaning of the Free Exercise Clause, a matter treated in Justice Scalia's and Justice O'Connor's opinions in City of Boerne v. [read post]
9 Apr 2020, 9:01 pm by Vikram David Amar
First, the Court’s entire interpretation of the Eleventh Amendment, and state sovereign immunity first principles, is open to serious question as a matter of originalism, which is supposed to take most seriously text and historical understandings.Second, the requirement, fashioned in City of Boerne v. [read post]
29 Mar 2020, 9:01 pm by Michael C. Dorf
The Florida Prepaid plaintiff contended that a patent is property, so the federal statute authorizing suits against the states for patent infringement is a permissible effort to, in the words of Section 5 of the Fourteenth Amendment, “enforce, by appropriate legislation,” the Due Process Clause.Not so, the Court ruled in Florida Prepaid, citing the 1997 decision in City of Boerne v. [read post]