Establishing free exercise.(U.S. Supreme Court 2003-2004 term)

From: First Things: A Monthly Journal of Religion and PublicLife | Date: December 1, 2003| Author: | Copyright information

If conservative and liberal church-state scholars agree on one thing, it is that the Supreme Court's religious liberty jurisprudence is a disaster. No single rule exists to guide decision making. The various doctrines employed are, at best, inconsistent and, at worst, blatantly contradictory. Divisions on the Court run so deep that actions demanded by "free exercise" according to some Justices violate "no-establishment" according to others. The result is an ever shifting, case-by-case jurisprudence based on narrow factual questions that encourages neither the rule of law nor a ...

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