Is Employment Division v. Smith in jeopardy?

[brucejoel99]

Not really. If anything, those recent decisions have supported Smith: finding non-neutral laws, applying the relevant test as to how non-neutral they are, & granting the expected ruling of "either make these laws neutral or prove to us why they shouldn't be." Nothing has really been changed, except for clarifications being granted as to how Smith actually applies.

[brucejoel99]

It’s quite late and I might not be thinking straight, but don’t the recent (“conservative”) decisions about COVID restrictions and religious liberty go against Smith?

It will be formally overruled even if John Roberts refuses to do so.

Thank you, dear clairvoyant, for gracing us with your knowledge.

[brucejoel99]

Alito wants to overrule Smith but there was no indication at oral argument that the rest were interested in going that far.

Not at oral argument, but we know Thomas and Gorsuch agree.

And everybody knows that 3 equals 5! /s if it wasn't painfully obvious