Balkinization  

Sunday, April 20, 2014

Shelby County and Hobby Lobby

Mark Tushnet

In the oral argument in Shelby County, Justice Scalia observed that the Voting Rights Act had been regularly re-enacted with a handful of negative votes -- "And this last enactment, not a single vote against it." A few moments later, he continued, "Even the name of it is wonderful: The Voting Rights Act. Who is going to vote against that in the future?"

The Religious Freedom Restoration Act was adopted by a unanimous vote in the House and with three "nays" in the Senate.

Just sayin'.

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