Is Employment Division v. Smith in jeopardy? (user search)
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  Is Employment Division v. Smith in jeopardy? (search mode)
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Author Topic: Is Employment Division v. Smith in jeopardy?  (Read 1199 times)
I spent the winter writing songs about getting better
BRTD
Atlas Prophet
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Posts: 113,243
Ukraine


Political Matrix
E: -6.50, S: -6.67

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« on: June 17, 2021, 12:13:33 PM »

I bet the farm that Fulton v. Philadelphia will be a broad ruling where Employment Division v. Smith is formally overruled. I predict a maximalist 5-1-3 decision written by Alito. I think Roberts will be the lone justice who sides with Catholic Social Services, but doesn't vote to overturn Employment Division v. Smith.

Quote
CSS urges us to overrule Smith, and the concurrences in the judgment argue in favor of doing so. But we need not revisit that decision here. This case falls outside Smith because the City has burdened the religious exercise of CSS through policies that do not meet the requirement of being neutral and generally applicable.

Unanimous decision written by Roberts (and 6-3 to not overrule Smith). I would like to collect your farm.
Alito probably originally had the decision, but the liberals switched their votes.
That doesn't make any sense. The decision is assigned by either the Chief Justice or the most senior Justice in the majority (in this case Clarence Thomas.) Roberts wrote the decision so if he assigned it to Alito originally, the liberals couldn't force him to write it by joining it, nor would he even want to considering  the difference between his decision and Alito's concurrence. Also Alito only had Thomas and Gorsuch join him, so there wasn't a majority for his position.
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I spent the winter writing songs about getting better
BRTD
Atlas Prophet
*****
Posts: 113,243
Ukraine


Political Matrix
E: -6.50, S: -6.67

P P
« Reply #1 on: June 17, 2021, 12:26:52 PM »

I bet the farm that Fulton v. Philadelphia will be a broad ruling where Employment Division v. Smith is formally overruled. I predict a maximalist 5-1-3 decision written by Alito. I think Roberts will be the lone justice who sides with Catholic Social Services, but doesn't vote to overturn Employment Division v. Smith.

Quote
CSS urges us to overrule Smith, and the concurrences in the judgment argue in favor of doing so. But we need not revisit that decision here. This case falls outside Smith because the City has burdened the religious exercise of CSS through policies that do not meet the requirement of being neutral and generally applicable.

Unanimous decision written by Roberts (and 6-3 to not overrule Smith). I would like to collect your farm.
Alito probably originally had the decision, but the liberals switched their votes.
That doesn't make any sense. The decision is assigned by either the Chief Justice or the most senior Justice in the majority (in this case Clarence Thomas.) Roberts wrote the decision so if he assigned it to Alito originally, the liberals couldn't force him to write it by joining it, nor would he even want to considering  the difference between his decision and Alito's concurrence. Also Alito only had Thomas and Gorsuch join him, so there wasn't a majority for his position.
Because Alito lost his majority.
He never had one to begin with. 3 is not a majority of 9.
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