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- Title
KICKING THE CAN DOWN THE ROAD: WHY FULTON V. CITY OF PHILADELPHIA "MIGHT AS WELL REWRITTEN ON THE DISSOLVING PAPER SOLD IN MAGIC SHOPS".
- Authors
SCHAEFBAUER, LOGAN
- Abstract
With several fiesh.faces on the bench, lawstlits have been testing the waters on a variety of issues m deternline the direction of this new Supreme Court. One of these issues is religion, which has been a lively issue®r centuries, and remains a contentious legal issue today. In 2021, the Court granted certiorari to Fulton v. City of Philadelphia, providing it the opportunity to clean up decades of.free exercise precedent gone awry. The Court ruled unanimously in.favor of the petitioners but fuiled to fix the recurring issue.s of the modern free exercise jurisprudence. A majority of the court declined to overturn Employment Division Department of Human Resources of Oregon v. Smith, a controversial decision from its inception that has been rebulled by Congress and widely criticized fur running atind of the Free Exercise Clause. In Fulton, the Court of fired a narrow holding and did not address the core issues at the heart of the case. Because of the Court's shortcomings, the problems of Smith remain and leave the Free Exercise Clause in a precarious state.
- Subjects
PHILADELPHIA (Pa.); PENNSYLVANIA; FREE exercise clause (Constitutional law); FREEDOM of religion; JURISPRUDENCE; RELIGION
- Publication
South Dakota Law Review, 2023, Vol 68, Issue 2, p306
- ISSN
0038-3325
- Publication type
Article