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In reply to the discussion: Kagan Throws Scalia's Own Religious Liberty Arguments Back In His Face - TPMDC [View all]SunSeeker
(52,205 posts)19. That distinction begs the question.
We held that distinction to be critical, for if Oregon does prohibit the religious use of peyote, and if that prohibition is consistent with the Federal Constitution, there is no federal right to engage in that conduct in Oregon,...
ED v. Smith still ultimately came down to whether the peyote prohibition violated the First Amendment, much like Hobby Lobby comes down to whether the birth control mandate violates the First Amendment. But in Hobby Lobby, the interest of the plaintiff should be considered even more tenuous than in Smith, which involved an actual human being with a soul. Hobby Lobby involves a soulless corporation that cannot possibly fear burning in hell for covering contraceptives.
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Kagan Throws Scalia's Own Religious Liberty Arguments Back In His Face - TPMDC [View all]
WillyT
Mar 2014
OP
Hope she has better luck with scalia and his fellow vermin than she did with Citizens United.
calimary
Mar 2014
#3
The other ACA case worries me a lot more -- the one that would take away subsidies
pnwmom
Mar 2014
#5
After you made your comment I added comments regarding the other cases that are factors
happyslug
Mar 2014
#22
There are many differences between the pacifist denied unemployment benefits and Hobby Lobby.
SunSeeker
Mar 2014
#32
So, what religion is against paying taxes, 'cause I want to join that one
justiceischeap
Mar 2014
#11
I boldly predict that Scalia will ignore his own logic and vote to restrict women's healthcare.
Bucky
Mar 2014
#13
Yup. Does anyone believe anymore that these cases are decided by legal reasoning? nt
Jerry442
Mar 2014
#16
Legal theories are but a smorgasbord of fig leaves to cover the result the SCOTUS wants to reach.
SunSeeker
Mar 2014
#20
Scalito are hacks and worthless to our society as a whole. They are corporate shills
mdbl
Mar 2014
#26
Never mind, Tony will just invoke the "this time only, no precedents are to be set by this"
yellowcanine
Mar 2014
#24
Hear Hear, Sir: These People Want To Impose Their Religious Views On Their Employees
The Magistrate
Mar 2014
#53
The compelling interest test for a constitutional exemption being thrown out the window
Fred Sanders
Mar 2014
#35
P.S.: since any employer is free to not provide medical insurance at all, leaving employees
Fred Sanders
Mar 2014
#41
I wonder if that pompous, arrogant prick Fat Tony realizes he just got smashed and bested
Nanjing to Seoul
Mar 2014
#66
The CONservatives (not so) secretly want to replace Civil law with far rightwing "Biblical law."
blkmusclmachine
Mar 2014
#68
Don't count on a favorable ruiling. This is the court the endowed corps with personhood.
olegramps
Mar 2014
#74
Bush v Gore should have settled once and for all that right wingers on the bench
yurbud
Mar 2014
#92