justice ginsburg on religion

[tom berg]

If Justice Ginsburg's vote in Boerne reflects an agreement
with the principle of Smith, that together with her
other votes would indicate that she will carry on the
dubious legacy of Justice Stevens in religion cases:
voting to require discrimination against religion in the
provision of benefits (Rosenberger, Agostini), but not to
require (and perhaps to forbid) special concern for
religious exercise (Kiryas Joel, Boerne).

-- Tom Berg, Cumberland Law School, Samford University

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tom berg
tcberg at samford.edu