Thanks, John. I had not realized that this opportunity was there, but overruling Smith would certainly be a welcome outcome, both in its own right and as a way to clarify the law. I remember studying the religion clauses back in grad school, and then teaching a course, oh, 10-15 years ago on religion and the Constitution, and thinking what a mess the Court had made of things as it tried to change course in various ways while still hanging onto various bits of doctrine. They've been trying to mitigate Smith ever since it was decided--maybe time to cut bait!
Thanks, John. I had not realized that this opportunity was there, but overruling Smith would certainly be a welcome outcome, both in its own right and as a way to clarify the law. I remember studying the religion clauses back in grad school, and then teaching a course, oh, 10-15 years ago on religion and the Constitution, and thinking what a mess the Court had made of things as it tried to change course in various ways while still hanging onto various bits of doctrine. They've been trying to mitigate Smith ever since it was decided--maybe time to cut bait!