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Grange95's profile
Grange
Grange
Grange
@Grange95

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Grange

@Grange95

Recovering lawyer, Huskers & Packers fan, poker degenerate, scurvy fighter, sarcastic SOB ... Mostly here for the dogs.

West Des Moines, IA
craakker.blogspot.com
Joined April 2009

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    1. Gabriel Malor‏ @gabrielmalor 25 Mar 2014

      For the love of Pete, stop saying Hobby Lobby case will be like Citizens United. Decision will be based on RFRA, not First Amendment.

      4 replies 7 retweets 2 likes
    2. Charles Star, Hostile Witness‏ @Ugarles 25 Mar 2014
      Replying to @gabrielmalor

      @gabrielmalor @Popehat it is both; RFRA can't create religious rights beyond limits of the Establishment Clause.

      2 replies 0 retweets 0 likes
    3. EveryoneGetsHatEventually‏ @Popehat 25 Mar 2014
      Replying to @Ugarles

      @Ugarles @gabrielmalor It can. It's federal statute to determine standard of scrutiny on all other federal statutes burdening religion.

      4 replies 0 retweets 0 likes
    4. EveryoneGetsHatEventually‏ @Popehat 25 Mar 2014
      Replying to @Popehat

      @Ugarles @gabrielmalor Establishment clause still governed by Smith, applicable to states. But ACA is federal, so RFRA broader std applies

      2 replies 0 retweets 0 likes
    5. Charles Star, Hostile Witness‏ @Ugarles 25 Mar 2014
      Replying to @Popehat

      @Popehat @gabrielmalor I may be out of my depth but I don't see how Congress can define Constitutional rule by statute contra SCOTUS.

      1 reply 0 retweets 0 likes
    6. EveryoneGetsHatEventually‏ @Popehat 25 Mar 2014
      Replying to @Ugarles

      @Ugarles @gabrielmalor Are you suggesting, for instance, that Congress couldn't outlaw NSA surveillance, tho SCOTUS says it's Constitutional

      4 replies 0 retweets 0 likes
    7. Charles Star, Hostile Witness‏ @Ugarles 25 Mar 2014
      Replying to @Popehat

      @Popehat @gabrielmalor how far can congress protect free exercise without running headlong into the establishment clause?

      1 reply 0 retweets 0 likes
    8. EveryoneGetsHatEventually‏ @Popehat 25 Mar 2014
      Replying to @Ugarles

      @Ugarles @gabrielmalor Rule of general applicability, to all religions, secular humanists as well. Establishment means favoring one.

      3 replies 0 retweets 0 likes
    9. EveryoneGetsHatEventually‏ @Popehat 25 Mar 2014
      Replying to @Popehat

      @Ugarles @gabrielmalor Remember how broad Cong. power over fed courts is. Can strip most forms of jurisdiction, abolish all but Supreme.

      1 reply 0 retweets 0 likes
    10. Charles Star, Hostile Witness‏ @Ugarles 25 Mar 2014
      Replying to @Popehat

      @Popehat i'm not conceding applicability in this instance but also not willing to think it through 140 characters at a time

      1 reply 0 retweets 0 likes
      Grange‏ @Grange95 25 Mar 2014
      Replying to @Ugarles

      @Ugarles @Popehat Some good discussion of Establishment Clause issues wrt RFRA: http://balkin.blogspot.com/2013/11/the-establishment-clause-and.html …

      7:48 AM - 25 Mar 2014
      2 replies 0 retweets 0 likes
        1. New conversation
        2. Charles Star, Hostile Witness‏ @Ugarles 25 Mar 2014
          Replying to @Grange95

          @Grange95 thanks; it is good to know that i wasn't crazy, i just wasn't thinking like a party to the cases before the court right now

          1 reply 0 retweets 0 likes
        3. Grange‏ @Grange95 25 Mar 2014
          Replying to @Ugarles

          @Ugarles See, my hobby of reading law blogs finally pays off!

          0 replies 0 retweets 0 likes
        4. End of conversation
        1. Charles Star, Hostile Witness‏ @Ugarles 25 Mar 2014
          Replying to @Grange95

          @Grange95 @Popehat see, this is what i was talking about (even if i concede to @gabrielmalor that this is an unlikely decision point)

          0 replies 0 retweets 0 likes
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