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Marc DeGirolami

Steve, deaed right. Sometimes I wonder whether Justice Scalia miscalculated by vesting too much faith in the people.

On the other hand, even Employment Division v. Smith, for all of its touted stringency and rule-like qualities, left an important exception for regulatory schemes with individual assessments. In work I am doing now, I find that the individual assessment exception to Smith is being used more and more frequently by lower courts and litigators to circumvent Smith.

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