RFRA was not challenged nor held unconstitutional solely on federalism grounds. 
That is the post hoc explanation of its proponents.  
But you are correct that RFRA as app to federal law comes up through the courts 
without a constitutional angle because no party will challenge it.  It is the 
latest example of what is wrong with a system that requires the AG Office to 
defend federal law without serious consideration of whether it is actually 
constitutional or not

Marci

Sent from my Verizon Wireless BlackBerry

-----Original Message-----
From: David Griffiths <dav...@hotmail.com>
Sender: religionlaw-boun...@lists.ucla.edu
Date: Mon, 11 Apr 2011 19:51:21 
To: religionlaw list<religionlaw@lists.ucla.edu>
Reply-To: Law & Religion issues for Law Academics <religionlaw@lists.ucla.edu>
Subject: RE: A John Paul Stevens Puzzle

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