Justice Scalia had stunned many conservatives with his opinion in Employment Division v. Smith, ruling that a state's drug laws did not have to make an exception for Indians' ceremonial use of peyote. Not all conservatives, though, which lays the
groundwork for today's profound discussion. RJN: "In one of the most callous statements ... in the recent history of Court language, he [Scalia] says we will recognize that this will create a certain disability for minorities in our society, namely those that aren't able to muster a majority in the legislature." ... CF: "A lot of countries ... proclaimed freedom of religion--for instance, Revolutionary France and the Soviet Union--and what they meant... was: you're free to be religious so long as you are intensely private about it.... If I thought Scalia's decision were taking us to a kind of French Revolutionary notion I would be as horrified as you are, but I don't see it that way."
- Hoover ID: Program S0865
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