I just read an article quoting someone, I think Chip
Lupu, who referred to strict scrutiny under Sherbert
as strict in theory but oh so gentle in fact.
I read it, but now I can't remember where. Is anyone
familiar with this quotation? Please send me the
citation if you have it. Thanks.
Rick
It's in Chip's piece questioning accommodation doctrine, 60 GW L. Rev. 743,
756 (1992) (strict in theory, but ever-so-gentle in fact), and he was
referring to the Court's 1980s' application of Sherbert in cases such as
Lyng, Lee, Hernandez, Swaggart, etc.
- Original Message -
From: Rick
