Fwd: "Substantial burden"

[Douglas Laycock]

Jeffrey Shulman points out that I scanned the list of hits too quickly.  The phrase "substantial burden" also shows up in Hernandez v. Commissinoer, in 1989, which is between the two /Smith/ cases.

----- Forwarded message from jeffreyshulman at yahoo.com -----
    Date: Sat, 6 Sep 2008 12:46:24 -0700 (PDT)
    From: Jeffrey Shulman <jeffreyshulman at yahoo.com>
Reply-To: jeffreyshulman at yahoo.com
Subject: "Substantial burden"
      To: laycockd at umich.edu

Prof. Laycock:

Doesn't the phrase show up in Hernandez (1989)?  See 490 U.S. at 699 ("The
free exercise inquiry asks whether government has placed a substantial
burden on the observation of a central religious belief or practice
and, if so, whether a compelling governmental interest justifies the
burden.").

Best,
 Jeffrey Shulman

Jeffrey Shulman

Associate Professor

Legal Research and Writing

Georgetown University Law Center

----- End forwarded message -----

Douglas Laycock
Yale Kamisar Collegiate Professor of Law
University of Michigan Law School
625 S. State St.
Ann Arbor, MI  48109-1215
  734-647-9713
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