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No, Congress did choose a
policy. It chose not to regulate religion except where such regulation is
clearly necessary. It instructed courts to apply that policy to individual
cases, which are far too vast in number for Congress to resolve one by
one. Also, perhaps less admirably, some of them are politically difficult
for Congress to resolve one by one. But there is nothing unusual
about that.
Douglas Laycock
University 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 [EMAIL PROTECTED] Sent: Tuesday, February 21, 2006 11:19 AM To: religionlaw@lists.ucla.edu 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 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 -- to make
policy decisions. That is what is fundamentally wrong with RFRA.
Marci
In a message dated 2/21/2006 12:15:55 P.M. Eastern Standard Time,
[EMAIL PROTECTED] writes:
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