BECKETVerified account

Sad, very sad. No it shouldn’t.

Just enjoying listening in on the conversation...

I may or may not be contributing to this thread while making edits to the above manuscript that are due (checks notes) *tomorrow*. Comments on manuscript welcome ...

This vehicle also gives them the opportunity to revisit Smith in a context in which there are no concerns about 3d-party harms. There is a possibility for a broad consensus opinion along those lines, especially if it applies an O’Brien standard.

Note: That's definitely impression left by the cert. petition, but the Idaho CTA decision paints a different picture: that failure to provide SSNs would interfere with ability to collect child support (and the CTA found application of law would pass St. Scr. under state RFRA) ...

I'm not familiar enough with law at issue, or the case, to know how strong or weak that argument is. But b/n that CTA finding, and fact that petitioner argued in ID S.Ct. that fed. RFRA should apply to his case, I do wonder if USSC will see this as clean vehicle for FE issue....

The case should have been decided on narrow grounds or not taken at all. The state court opinion was ok.