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.
Thomas has repeatedly supported the application of Free Exercise to states and localities (ex. Hialeah, Locke v. Davey, Masterpiece Cakeshop)