Law & Religion on the Barrett Court
Strict Scrutiny
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Is There an Outer Limit to the Establishment Clause?
Court has no cases in which it applies the establishment clause, except in the ministerial exception. It had an opportunity in the travel band case, which i mentioned earlier, and it rejected that opportunity. So if there's an outer limit, we don't know where it is. Istherewas the short answer. Anda the justices seem o, no, quite on to that kind of approach. But what it portends, though, is really very unclear.
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