RFRA & Federal Laws?

[Steven Resnicoff]

I apologize if this is old news to everyone - I have not read all of the
recent messages but:

In reviewing Westlaw's Bankruptcy Hightlights this morning, I noticed that
it reported (item #1) that the Supreme Court had granted cert. in a case
in which the Eighth Circuit had relied on RFRA in connection with federal
bankruptcy law, vacated the Eighth Circuit opinion, and remanded
for reconsideration in light of its Boerne decision.  The implication, I
think, is that the Supreme Court may consider RFRA a dead letter even as
to federal laws.


        Note:  The Eighth Circuit had found that a particular charitable
        contribution would have been avoidable under bankruptcy law as
        an "objectively" fraudulent transfer.  It held, however, that
        RFRA prevented such avoidance.

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Prof. Steven H. Resnicoff
DePaul University College of Law
sresnico at condor.depaul.edu
Voice - 312/362-8137
Facsimile - 312/362-5448