If Smith Is on the Way Out, What’s on the Way in?

The Supreme Court has accepted a case, Fulton v. Philadelphia, that presents the question, among others, of whether the Supreme Court’s decision in Employment Division v. Smith, issued in 1990, should be overruled.  Smith held that, when a person challenges application of a law of general applicability on the ground that it restricts the person’s …

If Smith Is on the Way Out, What’s on the Way in? Read More