Search for: "City of Boerne v. Flores" Results 61 - 80 of 142
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27 Mar 2019, 1:01 am by rhapsodyinbooks
Davis, announced that the Fourteenth Amendment’s Equal Protection Clause protected only against provably intentional race discrimination; and Cruikshank, not the Civil Rights Cases or City of Boerne v. [read post]
20 Feb 2014, 9:06 am by Michael Dorf
First, as applied to the federal government, RFRA falls within Congress’s enumerated powers, notwithstanding the Supreme Court’s decision in 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 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]
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]
13 Sep 2016, 8:13 am by Marci Hamilton
Four years later, it was held unconstitutional in City of Boerne v. [read post]
6 Dec 2011, 8:16 am by Rick Hasen
  This follows from Justice Kennedy’s opinion for the Supreme Court 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]
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]
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]
12 Apr 2022, 9:01 pm by Michael C. Dorf
” As originally enacted, RFRA applied to all levels of government, but in the 1997 case of City of Boerne v. [read post]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]
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]