Document Type
Book Review
Publication Date
2017
Publication Information
32 J.L. & Religion 496 (2017) (book review).
Abstract
The Distinctiveness of Religion in American Law: Rethinking Religion Clause Jurisprudence by Kathleen Brady
Justice Antonin Scalia’s death stirred a gratifying amount of praise for his life’s work. Among the rose petals tossed his way were, however, some thorns, including renewed criticism of his opinion in Employment Division v. Smith. The Smith Court spent most of its time arguing against a particular interpretation of the Free Exercise Clause, one that authorized judges to grant exemptions to believers burdened by general laws. But without quite identifying it as such, and without argument based in historical source material, the Court came very close to expressing the meaning of the Free Exercise Clause as it was apprehended by its original ratifiers. Kathleen Brady’s excellent book provides the opportunity for me to dissent from this criticism of Smith—and also from most of what Brady says about that case.
Recommended Citation
Gerard V. Bradley,
Smith, "Neutrality of Reasons," and the Search for Animating Principles,
32 J.L. & Religion 496 (2017) (book review)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1805
Comments
This book review is part of a Book Review Roundtable.