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Law & Religion on the Barrett Court

Strict Scrutiny

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Is There a Religious Exemption in the Abortion Contect?

Under the court's current free exercise jurisprudence, if a state allows any secular exceptions to a law that burdens a religious practice, then it also has to allow a religious exception. Some people describe this doctrine as providing a most favored nation status for religion. And i think it really puts some of the conservative justices who've accepted this doctrine in a bind. It's not at all obvious how they can do that.

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