Re: RFRA and government subsidies

2006-02-23 Thread Marty Lederman
There's no "right" answer to these questions, because there's extremely little caselaw, and even less consensus, on what constituted a "substantial burden" in FEC law pre-Smith, or under RFRA/RLUIPA.  There's Sherbert itself, of course, which suggests that the denial of at least some types

RFRA and government subsidies

2006-02-23 Thread Volokh, Eugene
I'm writing a short piece on the Freedom of Expressive Association and Government Subsidies -- basically whether the government may condition various broad subsidy programs (student group subsidies, tax exemptions, school voucher programs, and the like) on the participating groups' agreemen

Re: Breaking news in federal RFRA case

2006-02-23 Thread Hamilton02
Point of clarification.  What are "rates of psychiatric incidents"?   Brazilian have members emailed me to tell me that the drugs are good for everyone, and especially adolescents.  (Indeed, they go beyond and claim marijuana is also great for children.)  What was the record in this suppose

RE: Breaking news in federal RFRA case

2006-02-23 Thread marty . lederman
Not sure I understand, Marc. In O Centro, Roberts wrote that in Smith, "we rejected the interpretation of the Free Exercise Clause announced in Sherbert v. Verner, 374 U.S. 398, 83 S.Ct. 1790, 10 L.Ed.2d 965 (1963), and, in accord with earlier cases, see Smith, 494 U.S., at 879-880, 884-885, 11

RE: Breaking news in federal RFRA case

2006-02-23 Thread Marc Stern
Did anybody else notice that the Chief Justice in Gonzales acknowledged that Smith overturned Sherbert, notwithstanding Justice Scalia’s’ claim in Smith that the court had never held that burdens on religious practice need compelling justification? Marc Stern   From: [EMAIL PROTEC

RE: Breaking news in federal RFRA case

2006-02-23 Thread Newsom Michael
You assume that the placement of a drug on Schedule I ends the discussion.  I hope that you do not think that it is jesting to suppose that that placement does not end the discussion.  Congress surely must have some sense of the consequences of its decisions (1) to place the drug on Schedul

RE: Breaking news in federal RFRA case

2006-02-23 Thread Douglas Laycock
The government spent a year preparing for the preliminary injunction hearing.  The hearing itself lasted nine days.  The judge spent a year digesting the evidence and writing the opinion.  This was, in all but name, a full trial.  If there any evidence that religious use of this drug is da

Re: Breaking news in federal RFRA case

2006-02-23 Thread RJLipkin
In a message dated 2/23/2006 2:04:12 AM Eastern Standard Time, [EMAIL PROTECTED] writes: I don't know anything about the dangers of hoasca, If hoasca contains DMT, it is an extremely dangerous drug, potentially more powerful than LSD.  The dissociation and hallucinations it caus