RFRA blithely assumed unconstitional as applied to federal law

[Garrett Epps]

It is certain that it has not done so since no federal statute was before
the court.  Of course the discussion of separation of power is dictum.
But to me at least it seemed like fairly pointed dictum and could lead a
district court judge with an (ahem) activist bent to stretch FLORES
beyond the issue it decided.

Then again, it could just be a sloppy judge.  I have heard whispers that
there are such.




Garrett Epps
Associate Professor of Law
University of Oregon Law School
1101 Kincaid St.
Eugene OR 97403

(541) 346-1578
gepps at law.uoregon.edu
FAX: (541) 346-1564