News of Employment Division v. Smith not reaching somedistrictcourts?

[Volokh, Eugene]

	I was wondering about that -- I'm not sure whether RLUIPA would
apply, but in any event as best I can tell none of the cases relied on
it. 

> -----Original Message-----
> From: religionlaw-bounces at lists.ucla.edu 
> [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of 
> Marty Lederman
> Sent: Friday, July 07, 2006 4:28 PM
> To: Law & Religion issues for Law Academics
> Subject: Re: News of Employment Division v. Smith not 
> reaching somedistrictcourts?
> 
> What about RLUIPA section 3?
> 
> ----- Original Message -----
> From: "Volokh, Eugene" <VOLOKH at law.ucla.edu>
> To: "Law & Religion issues for Law Academics" 
> <religionlaw at lists.ucla.edu>
> Sent: Friday, July 07, 2006 6:36 PM
> Subject: News of Employment Division v. Smith not reaching 
> some districtcourts?
> 
> 
> Alley v. Levy, 2006 WL 1804605 (M.D. Tenn.) grants a 
> Tennessee state death row inmate's request for a preliminary 
> injunction blocking the autopsy of his body, on Free Exercise 
> Clause grounds.  The court says nothing about Smith, and 
> simply asserts that strict scrutiny applies.  It cites 
> Workman v. Levy, 136 F. Supp. 2d 899, 900 (M.D. Tenn.
> 2001), which had done the same; that in turns cites United States v.
> Hammer, 121 F. Supp. 2d 794, 802 (M.D. Pa. 2000), which had 
> done the same (though at least in Hammer the same result 
> might have been reached under RFRA, since that involves a 
> federal inmate).
> 
> Eugene
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