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6 Jul 2022, 7:02 am by Bernard Bell
Smith, 494 U.S. 872, 883–85 (1990), and re-establish the “balancing” test established by Sherbert v. [read post]
25 Dec 2020, 8:31 pm by Josh Blackman
Smith, 494 U.S. 872 at 881, citing Pierce v. [read post]
17 Dec 2020, 11:10 pm by Josh Blackman
As Smith itself made clear, the Yoder line of precedent—which stretches back to at least Meyer v. [read post]
5 Nov 2020, 6:10 pm by Marty Lederman
  In support of this argument, Mooppan and CSS lawyer Lori Windham repeatedly cited Church of Lukumi Babalu Aye, Inc. v. [read post]
3 Nov 2020, 11:39 pm by Marty Lederman
Later this morning, the Supreme Court will hear argument in the most significant Religion Clause case of the Term, Fulton v. [read post]