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18 Jun 2021, 1:37 pm by Andrea Picciotti-Bayer
” Justice Amy Coney Barrett, joined by Justice Brett Kavanaugh, similarly left open the possibility of reconsidering Smith in the future. [read post]
18 Jun 2021, 1:20 pm by Jim Oleske
Smith, a landmark 1990 decision holding that the free exercise clause does not provide a right to religious exemptions from neutral and generally applicable laws, or (2) sharply limit the impact of Smith by turning a caveat the Smith majority used to distinguish a prior case — the “mechanism for individualized exemptions” reading of Sherbert v. [read post]
17 Jun 2021, 10:04 am by Amy Howe
Chief Justice John Roberts wrote for the court, in an opinion that was joined by Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan, Brett Kavanaugh and Amy Coney Barrett. [read post]
15 Apr 2021, 7:13 am by Jim Oleske
Supporters argued that the theory had roots in Smith itself (specifically its explanation of the earlier Sherbert v. [read post]
8 Feb 2021, 6:49 am by Marcia Coyle
Justice Amy Coney Barrett asked the agency’s lawyer a number of questions about Smith and that lawyer said the agency could win even if Smith were applied. [read post]
7 Jan 2021, 11:26 am by Emanuela Tala
During oral argument, newly-appointed Justice Amy Coney Barrett pointed out that CSS urged in its briefing that Smith should be overruled. [read post]
20 Dec 2020, 8:43 am by Anna Salvatore, Tia Sewell
Amy Robinson and Jim Waldo explained the inherent limitations of contact-tracing apps. [read post]
16 Dec 2020, 4:00 am by Ken Chasse
And consider the great length and complexity of the Supreme Court of Canada’s reasoning and decision in, Canada (Minister of Citizenship and Immigration) v. [read post]
15 Dec 2020, 4:26 am by SHG
Smith—a 2017 Supreme Court case in which the Court also sided with the same-sex parents. [read post]