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11 Sep 2012, 10:40 am by Heather Gerken
One of the key questions at stake is whether Section 5 imposes a heavy burden on the states (an important step in evaluating whether Section 5 is “congruent and proportional,” to use the City of Boerne v. [read post]
15 Oct 2014, 9:01 pm by Marci A. Hamilton
Second, the federal RFRA is unconstitutional when applied to state law under Boerne v. [read post]
26 Jul 2018, 5:10 am by Gail Heriot
When Congress makes a dubious claim that it is motivated by a desire to effectuate the Constitution's ban on slavery, the applicable standard is the "congruence and proportionality" test of City of Boerne v. [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]
19 Jul 2018, 5:30 am by Gail Heriot
My article responds that (1) If the Obama Department of Education was right about the proper interpretation of those regulations, then, by analogy to City of Boerne v. [read post]
2 Jul 2010, 4:21 pm by JB
If this particular result is problematic under modern cases like City [read post]
13 Sep 2016, 8:13 am by Marci Hamilton
Four years later, it was held unconstitutional in City of Boerne v. [read post]
25 Apr 2019, 11:19 am by Lyle Denniston
In a 1997 decision, in the case of City of Boerne v. [read post]
12 Nov 2007, 10:23 pm
Florida), and the Act could not be sustained as legislation validly enacted pursuant to § 5 under the test set forth in City of Boerne v. [read post]
26 Feb 2010, 11:24 am by JB
Modern decisions beginning with City of Boerne v. [read post]
20 Jan 2015, 2:26 pm by Kent Scheidegger
  No dice as to the States, said the Supreme Court in City of Boerne v. [read post]
17 May 2019, 9:15 am by Dan Schweitzer
Frost (Art Lien) The modern history of state attorneys arguing as amicus curiae in the Supreme Court began with then-Ohio State Solicitor Jeffrey Sutton’s 1997 argument in City of Boerne v. [read post]
29 May 2007, 5:00 pm
Although the Supreme Court struck down RFRA as applied to state and local governments in City of Boerne v. [read post]
19 Sep 2011, 2:00 pm by admin
But in City of Boerne (1997), the Supreme Court found RFRA to be unconstitutional because it exceeded Congress’s power under the Enforcement Clause of the 14th Amendment of the Constitution. [read post]