During the Holt v. Hobbs oral argument, in discussing the strict scrutiny standard in RLUIPA, Justice Scalia said the following:
"We’re talking here about a compelling State interest. *Bear in mind I would not have enacted this statute*, but there it is. It says there has to be a compelling State interest. And you’re you’re asking, well, let’s balance things; let’s be reasonable. Compelling State interest is not a reasonableness test at all." (emphasis added) - Jim On Tue, Nov 22, 2016 at 1:07 PM, Case, Mary Anne <mac...@law.uchicago.edu> wrote: > Other than his stray remarks at the Hobby Lobby oral argument (for example > noting that RFRA went beyond the pre-Smith case law in mandating not just a > compelling state interest but narrow tailoring) did Scalia ever in any > venue set forth his views on RFRA (for example expressing disappointment > that Congress had rejected his bid for a clear rule and sent back to judges > the task of “weigh[ing] the social importance of all laws against the > centrality of all religious beliefs”(Smith) or expressing satisfaction that > exemptions now had the democratic warrant he said in Smith they needed? > > _______________________________________________ > To post, send message to Religionlaw@lists.ucla.edu > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are > posted; people can read the Web archives; and list members can (rightly or > wrongly) forward the messages to others. >
_______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
