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Channel: The Unavoidability of “Reasonable” Religion
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Justice Ginsburg's dissent was a bit disingenuous. The courts are ALWAYS involved in determining these kinds of questions, in fact Justice Ginsburg has no problem giving thin guidance to lower courts when it suits her politics. The fact that she was forced to fall back on the "but courts will have more of these cases if we decide this way" rationale is proof that she had little else to say. Furthermore, the shallowness of her position is really just an argument against RFRA itself. She does not like the way the law is structured. But of course, as a Supreme Court Justice, she has no say over the practical effects that legislation has. She just dislikes the law that Congress passed, and can't think of anything else to complain about. - tamtontin

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