Re: Breaking news in federal RFRA case

2006-02-24 Thread Hamilton02
Read the legislative history behind RFRA from beginning to end --the administration of illegal drugs to children by religious groupsis not there. It is awholesale reconstruction of history to believethat Congress considered the issue in any way, shape, or form. The vast majority, i.e.,

RE: Breaking news in federal RFRA case

2006-02-24 Thread Newsom Michael
: Breaking news in federal RFRA case Read the legislative history behind RFRA from beginning to end --the administration of illegal drugs to children by religious groupsis not there. It is awholesale reconstruction of history to believethat Congress considered the issue in any way, shape

RE: Breaking news in federal RFRA case

2006-02-24 Thread Derek Gaubatz
to think that courts will not be able to sensibly apply RFRA to take account of that interest. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Friday, February 24, 2006 10:48 AM To: religionlaw@lists.ucla.edu Subject: Re: Breaking news in federal RFRA case Read

Re: Breaking news in federal RFRA case

2006-02-24 Thread Hamilton02
First, children's issues with religious entities are not "tug-on-the-heart-strings." They are real, and you betray your preference for religiousentities at all costsover children's welfare with such verbiage. Second, how do you propose the court on remandtake into account the fact that

Re: Breaking news in federal RFRA case

2006-02-24 Thread Hamilton02
Doug--The nine-day trial for the preliminary injunctioninvolved only the information generated by the parties. Thoseinterests in the United States who could have expanded the inquiry had no way to become part of the discourse, as they would have in the legislature. Thus, I am certain

Re: Breaking news in federal RFRA case

2006-02-23 Thread RJLipkin
In a message dated 2/23/2006 2:04:12 AM Eastern Standard Time, [EMAIL PROTECTED] writes: I don't know anything about the dangers of hoasca, If hoasca contains DMT, it is an extremely dangerous drug, potentially more powerful than LSD. The dissociation and hallucinations it causes

RE: Breaking news in federal RFRA case

2006-02-23 Thread Douglas Laycock
in the general population. Douglas Laycock University of Texas Law School 727 E. Dean Keeton St. Austin, TX 78705 512-232-1341 512-471-6988 (fax) From: [EMAIL PROTECTED] on behalf of [EMAIL PROTECTED]Sent: Thu 2/23/2006 5:43 AMTo: religionlaw@lists.ucla.eduSubject: Re: Breaking news in federal

RE: Breaking news in federal RFRA case

2006-02-23 Thread Newsom Michael
policy perspective, one that, apparently, is not shared by Congress? From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Wednesday, February 22, 2006 7:58 PM To: religionlaw@lists.ucla.edu Subject: Re: Breaking news in federal RFRA case I hope the paragraph belowwas in jest

RE: Breaking news in federal RFRA case

2006-02-23 Thread Marc Stern
PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock Sent: Thursday, February 23, 2006 9:31 AM To: religionlaw@lists.ucla.edu Subject: RE: Breaking news in federal RFRA case The government spent a year preparing for the preliminary injunction hearing. The hearing itself lasted nine

RE: Breaking news in federal RFRA case

2006-02-23 Thread marty . lederman
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Douglas Laycock Sent: Thursday, February 23, 2006 9:31 AM To: religionlaw@lists.ucla.edu Subject: RE: Breaking news in federal RFRA case The government spent a year preparing for the preliminary

Re: Breaking news in federal RFRA case

2006-02-23 Thread Hamilton02
Point of clarification. What are "rates of psychiatric incidents"? Brazilian havemembers emailed me to tell me that the drugs are good for everyone, and especially adolescents. (Indeed, they go beyond and claim marijuana is also great for children.) What was the record in this supposed

Re: Breaking news in federal RFRA case

2006-02-22 Thread Marty Lederman
ter. - Original Message - From: [EMAIL PROTECTED] To: religionlaw@lists.ucla.edu Sent: Tuesday, February 21, 2006 12:49 PM Subject: Re: Breaking news in federal RFRA case I am not going to belabor the point, Marty, but I strongly disagree with your interpretation o

RE: Breaking news in federal RFRA case

2006-02-22 Thread Newsom Michael
Subject: Re: Breaking news in federal RFRA case Can anything be read into the unanimous nature of the opinion and Roberts being its author...Is this some indication that Roberts is going to be a consensus builder on at least certain issues? Donald C. Clark, Jr. Counselor at Law

RE: Breaking news in federal RFRA case

2006-02-22 Thread Newsom Michael
, then the answer is to elect a different Congress. From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Tuesday, February 21, 2006 12:49 PM To: religionlaw@lists.ucla.edu Subject: Re: Breaking news in federal RFRA case I am not going to belabor the point, Marty, but I strongly disagree

Re: Breaking news in federal RFRA case

2006-02-22 Thread Hamilton02
I hope the paragraph belowwas in jest. Schedule Idrugs are drugs that are considered to have no beneficial use and to be dangerous. If children are drinking the DMTin the tea, they are the victims of child abuse. I cannot believe thatanyone on this listis willing to give a group a pass in

RE: Breaking news in federal RFRA case

2006-02-22 Thread Volokh, Eugene
. Eugene -Original Message- From: [EMAIL PROTECTED] on behalf of [EMAIL PROTECTED] Sent: Wed 2/22/2006 7:57 PM To: religionlaw@lists.ucla.edu Subject: Re: Breaking news in federal RFRA case I hope the paragraph below was in jest. Schedule I drugs are drugs that are considered

Re: Breaking news in federal RFRA case

2006-02-21 Thread Marty Lederman
Here's the opinion: http://scotus.ap.org/scotus/04-1084p.zo.pdf It's rather remarkable -- and, in my humble opinion, almost completely correct in all its particulars, especially (i) explaining that the peyote exemption fairly forecloses the government's theories about potential harms here;

Re: Breaking news in federal RFRA case

2006-02-21 Thread Lawyer2974
Can anything be read into the unanimous nature of the opinion and Roberts being its author...Is this some indication that Roberts is going to be a consensus builder on at least certain issues? Donald C. Clark, Jr.Counselor at LawBannockburn Lake Office Plaza I2333 Waukegan RoadSuite

Re: Breaking news in federal RFRA case

2006-02-21 Thread Brad M Pardee
Does this decision affect Employment Division Vs. Smith? The quote below makes it sound like it is revisiting the same issue. One can only hope! Brad Mark Tushnet wrote on 02/21/2006 09:12:53 AM: the Court ruled unanimously that the government may not ban a religious from using a herbal tea

Re: Breaking news in federal RFRA case

2006-02-21 Thread Marty Lederman
uires the Government to address the particular practice at issue. - Original Message - From: Brad M Pardee To: Law Religion issues for Law Academics Sent: Tuesday, February 21, 2006 11:25 AM Subject: Re: Breaking news in federal RFRA case Does this decisi

RE: Breaking news in federal RFRA case

2006-02-21 Thread Douglas Laycock
of Texas Law School 727 E. Dean Keeton St. Austin, TX 78705 512-232-1341 (phone) 512-471-6988 (fax) From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Brad M PardeeSent: Tuesday, February 21, 2006 10:26 AMTo: Law Religion issues for Law AcademicsSubject: Re: Breaking news

RE: Breaking news in federal RFRA case

2006-02-21 Thread Scarberry, Mark
es for Law AcademicsSubject: RE: Breaking news in federal RFRA case This is a RFRA case, not a free exercise case, so it does not affect Smith. But it does show that the Court is willing to take RFRA seriously and enforce it according to its terms. It may also have a persuasive effect on state courts in

Re: Breaking news in federal RFRA case

2006-02-21 Thread Hamilton02
With all due respect, Mark, Congress did not "choose" any policy with RFRA, because it sought only to overturn Smith and never considered the vast, vast majority of instances where RFRA would apply. This is delegation to the courts ---which are not competent to make such determinations --

RE: Breaking news in federal RFRA case

2006-02-21 Thread Douglas Laycock
] On Behalf Of [EMAIL PROTECTED]Sent: Tuesday, February 21, 2006 11:19 AMTo: religionlaw@lists.ucla.eduSubject: Re: Breaking news in federal RFRA case With all due respect, Mark, Congress did not "choose" any policy with RFRA, because it sought only to overturn Smith and never considered the

Re: Breaking news in federal RFRA case

2006-02-21 Thread Marty Lederman
-- From: [EMAIL PROTECTED] To: religionlaw@lists.ucla.edu Sent: Tuesday, February 21, 2006 12:19 PM Subject: Re: Breaking news in federal RFRA case With all due respect, Mark, Congress did not "choose" any policy with RFRA, because it sought only to over

RE: Breaking news in federal RFRA case

2006-02-21 Thread Volokh, Eugene
, February 21, 2006 9:49 AM To: religionlaw@lists.ucla.edu Subject: Re: Breaking news in federal RFRA case I am not going to belabor the point, Marty, but I strongly disagree with your interpretation of the application of standards of review. The strict scrutiny standard puts the courts