@Ugarles @gabrielmalor It can. It's federal statute to determine standard of scrutiny on all other federal statutes burdening religion.
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Replying to @Popehat
@Ugarles@gabrielmalor Establishment clause still governed by Smith, applicable to states. But ACA is federal, so RFRA broader std applies2 replies 0 retweets 0 likes -
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 -
Replying to @Ugarles
@Ugarles@gabrielmalor Are you suggesting, for instance, that Congress couldn't outlaw NSA surveillance, tho SCOTUS says it's Constitutional4 replies 0 retweets 0 likes -
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 -
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 -
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 -
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 …2 replies 0 retweets 0 likes
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