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Which Justice? Whose Religious Rationality?

No Protestants on the Court: This essay considers whether and how the religious orientation of the Supreme Court justices may or may not influence the court’s use of the “compelling interest” test when adjudicating cases that involve religious liberty.  Use of this and the other usual tests of “substantial burden” and “least restrictive” depend on the judge’s own presuppositions and judgment calls, shaped to some extent by their culture.  Students can use this article to begin to assess these issue.

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