0care setback

Discussion in 'Too Hot for Swamp Gas' started by G8trGr8t, Jun 27, 2013.

  1. G8trGr8t
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    G8trGr8t Premium Member

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    http://usnews.nbcnews.com/_news/201...control-mandate-likely-to-be-struck-down?lite

    for a constitutional scholar, this admin sure seem to lose a lot of cases related to violating the constitution.
  2. gatorpa
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    gatorpa Well-Known Member

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  3. austingtr
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    austingtr VIP Member

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    You don't have to be a constitution scholar to understand the Constitution is supposed to protect freedom of religion.

    Just like I don't understand people who want to restrict guns. It is in the constitution. Toss the constitution if you don't believe in it.
  4. GatorBen
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    GatorBen Well-Known Member

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    Technically it's not the Constitution, it's statutory law. The RFRA was passed to mandate a different statutory test in free exercise cases because Congress didn't like the test the Supreme Court had said the Constitution required under the First Amendment.

    The RFRA got struck down as it applies to state laws in Boerne v. Flores as exceeding Congress's power, but because Congress has the power to create exemptions from its own laws it still applies to federal enactments.

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