Mark of the beast lawsuit by Amish

[Michael R. Masinter]

In the post Smith world, it's not obvious why the free exercise clause  
would forbid Michigan from requiring the use of RFID chips even if  
members of a particular faith think the chips constitute the mark of  
the beast.  In the post Bell Atlantic v. Twombly world, the argument  
that RFRA applies because Michigan is acting as a puppet of USDA even  
though USDA regs explicitly make participation in any federal  
identification program optional seems at first glance to be a stretch.

Michael R. Masinter                      3305 College Avenue
Professor of Law                         Fort Lauderdale, FL 33314
Nova Southeastern University             954.262.6151 (voice)
masinter at nova.edu                        954.262.3835 (fax)

Visiting Professor of Law (2008-2009)    305.284.3626 (voice)
University of Miami Law School           mmasinter at law.miami.edu
1311 Miller Drive
Coral Gables, FL 33146


Quoting Jean Dudley <jean.dudley at gmail.com>:

> http://blog.wired.com/27bstroke6/2008/11/bush-administra.html
>
>  From the Wired article:  "The Amish farmers claim  Michigan
> regulations requiring them to use radio frequency identification
> devices on their cattle "constitutes some form of a 'mark of the
> beast' and/or represents an infringement of their 'dominion over
> cattle and all living things' in violation of their fundamental
> religious beliefs," according to the farmers' lawsuit filed in
> September in U.S. District Court for the District of Columbia."
>
> Thoughts?
>
> Jean
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Michael R. Masinter                      3305 College Avenue
Professor of Law                         Fort Lauderdale, FL 33314
Nova Southeastern University             954.262.6151 (voice)
masinter at nova.edu                        954.262.3835 (fax)

Visiting Professor of Law (2008-2009)    305.284.3626 (voice)
University of Miami Law School           mmasinter at law.miami.edu
1311 Miller Drive
Coral Gables, FL 33146