The Associated Press reports on two law review articles by right-leaning judges, Wilkinson on the Fourth and Posner on the Seventh, who have criticized Justice Antonin Scalia’s majority opinion in Heller. In the article, the AP reporter, Mark Sherman, who is a regular Supreme Court reporter for them, says:
“The guns case was easily the most significant opinion Scalia has written in his 22 years on the court.”
Really? More significant than Employment Division v. Smith? It seems just as much as Heller gave life to the Second Amendment, Employment Division v. Smith cut way down on the free exercise clause. So much so that Congress passed the Religious Freedom Restoration Act, which sought to overturn the decision in Smith and restore the prior standard.
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