RFRA blithely assumed unconstitutional as to federal law

[Garret Epps]

Gene is right about what FLORES says.  The judge went beyond the
decision.  But the most striking thing about the case is the broad
language with which it seemed to suggest that RFRA exceeds separation of
powers bounds.  I can see this as a basis for an argument that even
federal application exceeds Congressional authority.  I don't buy it but
FLORES lends itself to that interpretation.



Garrett Epps
Associate Professor
University of Oregon School of Law
1101 Kincaid St
Eugene OR 97403
541-346-1578
FAX 541-346-1564
gepps at law.uoregon.edu