In the post Smith world, it's not obvious why the free exercise clause
would forbid Michigan from requiring the use of RFID chips even if
members of a particular faith think the chips constitute the mark of
the beast. In the post Bell Atlantic v. Twombly world, the argument
that RFRA
It isn't clear from the story whether this is something Michigan did wholly on
its own, or whether it is a condition of some federal grant although not
formally mandated. If it's a conditional spending program, I would treat the
feds as responsible.
Michigan appears to have interpreted its
I tried to find within the complaint nonconclusory allegations that
USDA used its spending powers to compel Michigan to adopt mandatory
tagging, but on what I concede to be a cursory read, I didn't see much
there. But I agree with Doug that if the allegation is true, RFRA
should apply.
Complaint:
http://blog.wired.com/27bstroke6/files/satanfiling.pdf
DOJ Brief:
http://blog.wired.com/27bstroke6/files/beast.pdf
On Fri, Nov 14, 2008 at 11:34 AM, Jean Dudley [EMAIL PROTECTED] wrote:
http://blog.wired.com/27bstroke6/2008/11/bush-administra.html
From the Wired article:
Yes on the Pennhurst question. Pennhurst holds that plaintiffs cannot sue
state officials in their official capacity in federal court to enjoin
violations of state law.
I don't know if Michigan has waived that immunity, but I rather doubt it. So
plaintiffs would have to file in state
: Friday, November 14, 2008 2:03 PM
To: Law Religion issues for Law Academics
Subject: Re: Mark of the beast lawsuit by Amish
Complaint:
http://blog.wired.com/27bstroke6/files/satanfiling.pdf
DOJ Brief:
http://blog.wired.com/27bstroke6/files/beast.pdf
On Fri, Nov 14, 2008 at 11:34 AM, Jean
Academics
Subject: Re: Mark of the beast lawsuit by Amish
Complaint:
http://blog.wired.com/27bstroke6/files/satanfiling.pdf
DOJ Brief:
http://blog.wired.com/27bstroke6/files/beast.pdf
On Fri, Nov 14, 2008 at 11:34 AM, Jean Dudley
[EMAIL PROTECTED] wrote:
http://blog.wired.com/27bstroke6/2008
, November 14, 2008 2:03 PM
To: Law Religion issues for Law Academics
Subject: Re: Mark of the beast lawsuit by Amish
Complaint:
http://blog.wired.com/27bstroke6/files/satanfiling.pdf
DOJ Brief:
http://blog.wired.com/27bstroke6/files/beast.pdf
On Fri, Nov 14, 2008 at 11:34 AM, Jean Dudley
Recent Publications Available from SSRN at
http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=199608
From: [EMAIL PROTECTED]
Subject: Re: Mark of the beast lawsuit by Amish
Date: Fri, 14 Nov 2008 11:23:10 -0800
To: religionlaw@lists.ucla.edu
Getting my grammatical pedant
Lederman
Sent: Friday, November 14, 2008 2:03 PM
To: Law Religion issues for Law Academics
Subject: Re: Mark of the beast lawsuit by Amish
Complaint:
http://blog.wired.com/27bstroke6/files/satanfiling.pdf
DOJ Brief:
http://blog.wired.com/27bstroke6/files/beast.pdf
On Fri, Nov 14
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