Exorcism case

[Volokh, Eugene]

	There's a lot of talk of Smith here -- does anyone know why the
Texas RFRA wasn't involved?  Did the defendants conclude that strict
scrutiny would do them no good, and they need the per se prohibition on
secular court involvement that is created by the "no religious
decisions" doctrine?

	Relatedly, am I right in thinking that the U.S. Supreme Court
could review the case, given that it seems to be based on federal
constitutional reasoning, with just a "see also" to the Texas
constitutional provision (and thus no express statement about adequate
and independent state grounds)?  As I read Tilton, which is the main
state case on which the court relied, it expressly declined to rely on
an independent reading of the state free exercise constitution, and no
such independent reading seems to be asserted in this case, either.

	Eugene