Hannah Norman-Krause is a Ph.D. candidate at Baylor University, studying American Political Thought and Constitutional Law. Her dissertation focuses on the Supreme Court’s characterization of religion in its Establishment Clause jurisprudence.
To say that the Supreme Court exercises “mere judgment” belies the gravity of its power and the weight of its opinions. Judgment requires more than a mechanical application of the law. It requires, as Sherbert recognized but Smithignored, that judges determine whether a state’s particular interest is more or less compelling than an individual’s particular right.
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