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15 Jul 2020, 9:01 pm by Leslie C. Griffin
Usually the Fifth Circuit is given credit for creating the exception in 1972, in McClure v. [read post]
17 Jun 2020, 6:19 am by Alexander Dushku and R. Shawn Gunnarson
” In a unanimous decision in Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints v. [read post]
15 Jun 2020, 1:28 pm
(See Part I here, Part II here, Part III here, Part IV here, and Part V here.)The reason for its inability is that both the Constitution (Art. [read post]
15 Jun 2020, 1:28 pm
(See Part I here, Part II here, Part III here, Part IV here, and Part V here.)The reason for its inability is that both the Constitution (Art. [read post]
14 May 2020, 6:56 am by Mark Movsesian
My essay addresses some of the legal issues: whether bans are "generally applicable" under Employment Division v Smith, how courts might weigh the burden on religion against the state's interest in curbing the epidemic, whether less-restrictive means are available, etc. [read post]
3 Apr 2020, 6:34 pm
"And indeed, as pointed out in Bishop Lawrence's response to the petition for mandamus, just one day before filing its motion for enforcement with Judge Dickson, ECUSA had filed a brief in opposition to Bishop Lawrence's petition to the United States Supreme Court for a writ to review the August 2017 decision of the South Carolina Supreme Court (p. 4):On May 7, 2018, Petitioners [in the Circuit Court, i.e., ECUSA and its diocese] argued to the United… [read post]
3 Apr 2020, 1:20 pm
"And indeed, as pointed out in Bishop Lawrence's response to the petition for mandamus, just one day before filing its motion for enforcement with Judge Dickson, ECUSA had filed a brief in opposition to Bishop Lawrence's petition to the United States Supreme Court for a writ to review the August 2017 decision of the South Carolina Supreme Court (p. 4):On May 7, 2018, Petitioners [in the Circuit Court, i.e., ECUSA and its diocese] argued to the United… [read post]