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Author: Hannah Norman-Krause

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Reclaiming the Judging in Judgment: A Response to Christopher Wolfe

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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