If flowers is overruled and wrote was overruled, does that mean defense attorneys will start preempting people in abortion trials for being even Fundagelical, Mormon, Or Catholic? Basically, you could turn the entire system into catch and release based on being able to reliably game the voir dire process.
Yes. If if the Establishment Clause is gutted. Thomas thinks the Establishment Clause (and probably the Free Exercise Clause) doesn’t apply to the states.
Would the freedom of religion necessarily have to be disincorporated for such an outcome?
So we could have the Great State and Church of Alabama!