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Majority Opinion
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Scalia, J. (joined by Rehnquist, C.J., White, Stevens, and Kennedy, J.J.) |
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Concurring Opinion
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O’Connor, J. (concurring in Parts I and II, joined by Brennan, Marshall and Blackmun, J.J. without concurring in the judgment) |
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Dissenting Opinion
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Blackmun, J. (joined by Brennan and Marshall, J.J.) |
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Lower Court
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Oregon Supreme Court |
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Lower Court Ruling
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Free Exercise Claim denied. |
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Oral Arguments
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audio record
[Oyez]
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| Lawyers |
Attorney General of Oregon Dave Frohnmayer
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Greenhouse, Linda, "Church Remains a Landmark," New York Times, Mar. 5, 1991, sect. B, pg. 11
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| Briefs |
American Civil Liberties Union, American Jewish Congress, Association on American Indian Affairs, Council on Religious Freedom (for Respondents)
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| News |
"Oregon Court Finds Peyote Use Is Legal In Indian Ceremony," New York Times, Oct. 19, 1988, sect. A, pg 25
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"Oregon Peyote Law Leaves 1983 Defendant Unvindicated," New York Times, Jul. 9, 1991, sect. A, pg. 14
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Greenhouse, Linda, "Justices to Hear Case on Drugs in Religions," New York Times, Mar. 12, 1989, sect. A, pg. 19
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Greenhouse, Linda, "Use of Drugs in Religious Rituals Can Be Prosecuted, Justices Rule," New York Times, Apr. 18, 1990, sect. A, pg. 22
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Hentoff, Nat, "Is Religious Liberty a Luxury," The Washington Post, Sep. 15, 1990, sect. A, pg. 23
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Hentoff, Nat, "Justice Scalia vs. the Free Exercise of Religion," The Washington Post, Mat. 19, 1990, sect. A, pg. 25
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Kamen, Al, "Court Hears Argument on Peyote Use; Exempting Religious Consumption of Drug From Prosecution Debated," The Washington Post, Nov. 7, 1989, sect. A, pg. 16
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Marcus, Ruth, "Court: States Cab Ban Peyote in Rites; Religious Freedom Does Not Justify Breaking Valid Law, Scalia Says," The Washington Post, Apr. 18, 1990, sect. A, pg. 5
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Marcus, Ruth, "Supreme Court Liberals Savor Wins Amid Conservative Majority," The Washington Post, Jul. 2, 1990, sect. A, pg. 5
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Rothers, Larry, "Court to Weigh law Forbidding Ritual Sacrifices; Santeria Devotees Fight Ban by Miami Suburb," New York Times, Nov. 3, 1992, sect. A, pg. 10
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Steinfels, Peter, "Beliefs; Showdown looms over where to draw the line between state laws and free exercise of religion," New York Times, Feb. 29, 1992, pg. 10
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Will, George F., "Conduct, Coercion, Belief," The Washington Post, Apr. 22, 1990, sect. B, pg. 7
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| Other |
Chemerinsky, Erwin, CONSTITUTIONAL LAW: PRINCIPLES & POLICIES (2nd ed., 2002), sects. 12.3.1, 12.3.2.3, 12.3.2.4
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Eisgruber, Christopher & Sager, Lawrence, "The Vulnerability of Conscience: The Constitutional Basis for Protecting Religious Conduct," 61 University of Chicago Law Review 1245 (1994)
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Gedicks, Frederick, "The Normalized Free Exercise Clause," 75 Indiana Law Journal 77 (2000)
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Greene, Abner S., "The Political Balance of the Religion Clauses," 102 Yale Law Journal 1611 (1993)
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Lupu, Ira, "Where Rights Begin: The Problem of Burdens on the Free Exercise of Religion," 102 Harvard Law Review 933 (1989)
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McConnell, Michael, "Free Exercise Revisionism and the Smith Decision," 57 University of Chicago Law Review 1109 (1990)
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McConnell, Michael, "Religious Freedom at a Crossroads," 59 University of Chicago Law Review 115 (1992)
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Nowak, John E. & Rotunda, Ronald D., PRINCIPLES OF CONSTITUTIONAL LAW (2ND ED., 2005), sect. 17.8
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Smith, Steven, "Free Exercise Doctrine and the Discourse of Disrespect," 65 University of Colorado Law Review 519 (1994)
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Smolla, Rodney A., "The Free Exercise of Religion After the Fall: The Case for Intermediate Scrutiny," 39 William and Mary Law Review 925 (1998
|
Sullivan, Kathleen, "Religion and Liberal Democracy," 59 University of Chicago Law Review 195 (1992)
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Williams, David & Susan, "Volitionalism and Religious Liberty," 76 Cornell Law Review 769 (1991)
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